Opinion
NO. CAAP-13-0005801
04-15-2014
STATE OF HAWAI'I, Plaintiff-Appellee, v. MI YOUNG YOU, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CASE NO. 1DCW-13-000332)
ORDER DISMISSING AS MOOT THE
APRIL 3, 2014 "STIPULATION TO DISMISS APPEAL"
(By: Nakamura, Chief Judge, Foley and Leonard, JJ.)
Upon consideration of the "Stipulation to Dismiss Appeal" (Stipulation) filed on April 3, 2014 by Defendant-Appellant Mi Young You, and the records and files herein, it appears that the Stipulation as to this criminal appeal is not supported by Appellant's affidavit or declaration that reflects a knowing and intelligent understanding of the consequences of the dismissal of the appeal and that the withdrawal is made voluntarily, as required under Rule 42(c) of the Hawai'i Rules of Appellate Procedure. However, it also appears that, on remand, the district court approved a stipulation that vacated the judgment of conviction that is the subject of the instant appeal. Where no judgment of conviction remains from which Appellant may properly appeal, the appeal is moot, and we now reassume jurisdiction over the appeal to address this matter. Therefore,
JIMS DC Crim permits viewing of the said approved stipulation in the underlying criminal case 1DCW-13-0000332, and this court takes judicial notice of said approved stipulation.
IT IS HEREBY ORDERED that the appeal is dismissed as moot.
DATED: Honolulu, Hawai'i, April 15, 2014.
Chief Judge
Associate Judge
Associate Judge