LAW LlBRAF-‘RY/ NOT FOR PUBLICATION ]N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

No. 30431 ':~:Y IN THE INTERMEDIA'I'E COURT 'OF APPEALS ca wY OF 'l'I-IE STATE OF HAWAI‘I f" § .- s ~== STATE OF HAWAII, Plaintiff-Appellee, v §§ aff ALAN KLASK, Defendant-Appellant no APPEAL FRC)M THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CR. NO. 09-1-0338) ORDER JJ.) (By: Fujise, Presiding Judge, Reifurth and Ginoza, Upon consideration of "Defendant-Appellant's Motion to_ Dismiss Appeal From Judgment Guilty Conviction and Sentence," the papers in support, and the records and files herein, it appears the Circuit Court of the Fifth that: (l) on March l7, 20lO, Circuit entered a judgment of conviction and sentenced Defendant- (Appellant) to 50 hours of community 20lO, Appellant filed a notice of Appellant Alan Klask Counsel service; (2) on April 6, appeal; (3) according to the declaration of Rosa Flores, she attempted to contact Appellant, who has no for Appellant, local address, regarding the appeal by leaving messages on Appellant's cell phone; (4) in early June, Appellant called Counsel and informed her that he completed his community service and no longer wished to appeal; (5) Counsel informed Appellant she would withdraw the appeal, but Appellant had to remain in (6) Counsel contact until the withdrawal papers were finalized; made multiple efforts to contact Appellant in June and July Counsel verifies that Appellant no longer without success; (7) wants to pursue the appeal; and (8) as required by Hawafi Rules of Appellate Procedure (HRAP) Rule 42(c), Counsel's declaration NOT FOR PUBLICATION ]N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER demonstrates that Appellant wants to withdraw his appeal and that ' Counsel made a diligent effort to contact Appellant regarding the dismissal. Therefore, IT IS HEREBY ORDERED that "Defendant-Appellant's Motion to Dismiss Appeal From Judgment Guilty Conviction and Sentence" is granted, and this appeal is dismissed pursuant to HRAP Rule 42(c). _ DATED: Honolulu, Hawafi, August 12, 20lO.

On the motion: Rosa Flores, for Defendant-Appellant . ' ` Presiding Judg lomax/wm Associate Judge §¢;.w</Aj»~ Associate Judge