NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 24-SEP-2020 09:20 AM NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellant, v. TROY D. BORGE, JR., Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CPC-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Chan, Presiding Judge, Hiraoka and Wadsworth, JJ.)

Upon consideration of Plaintiff-Appellant State of Hawaii's July 6, 2020 Motion to Dismiss Appeal, the papers in support, the record, and there being no opposition, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed, under Hawai#i Rules of Appellate Procedure Rule 42(b).

DATED: Honolulu, Hawai#i, September 24, 2020.

/s/ Derrick H.M. Chan Presiding Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge