NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-NOV-2021 08:30 AM Dkt. 59 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. DESTINY M. KELLY, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 1CPC-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Leonard, Presiding Judge, Wadsworth and Nakasone, JJ.)

Upon consideration of the August 5, 2021 "Motion to Vacate Second Amended Order of Resentencing Revocation of Probation, Notice of Entry, Filed on November 30, 2020 and to Dismiss All Related Criminal Proceedings" by Defendant-Appellant Destiny M. Kelly (Kelly), the papers in support, and the record, and there being no opposition, it appears Kelly has died during the pendency of her appeal and a motion for substitution of proper party defendant-appellant pursuant to Hawai#i Rules of Appellate Procedure Rule 43(a) was not filed.

Therefore, IT IS HEREBY ORDERED that, pursuant to State v. Makaila, 79 Hawai#i 40, 45, 897 P.2d 967, 972 (1995), Kelly's appeal is dismissed as moot, the underlying conviction is vacated, and all related criminal proceedings are dismissed.

DATED: Honolulu, Hawai#i, November 17, 2021.

/s/ Katherine G. Leonard Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Karen T. Nakasone Associate Judge