Opinion
NO. CAAP-11-0000101
01-17-2012
STATE OF HAWAI'I, Plaintiff-Appellee, v. MARTY MARTINS, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
(CR. NO. 5P110-01013)
ORDER DISMISSING APPEAL
(By: Nakamura, C.J., Leonard and Reifurth, JJ.)
Upon consideration of the August 1, 2011 letter from counsel for Defendant-Appellant, Marty Martins, informing this court that Mr. Martins had passed away during the pendency of this appeal and that counsel was aware of no person to properly serve as a substitute party, the December 30, 2011 Suggestion of Death Upon the Record Under HRAP Rule 43(a), the Plantiff-Appellee, State of Hawai'i's failure to move for a substitution, and the record and file herein,
IT IS HEREBY ORDERED that this appeal is dismissed.
DATED: Honolulu, Hawai'i, January 17, 2012.
Chief Judge
Associate Judge
Associate Judge