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Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-NOV-2021 07:47 AM Dkt. 85 OAWST

NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. CLAY MARSHALL, Defendant-Appellant

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

ORDER APPROVING THE NOVEMBER 12, 2021 STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Leonard and Hiraoka, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal, filed November 12, 2021, and executed by counsel for Defendant-Appellant Clay Marshall (Marshall) and the State of Hawai#i, the papers in support, and the record, it appears that: (1) the appeal has been docketed; (2) Marshall seeks to dismiss the appeal; (3) the motion includes Marshall's declaration showing he understands the consequences of voluntary dismissal, consistent with Hawai#i Rules of Appellate Procedure (HRAP) Rule 42(c); and (4) dismissal is authorized by HRAP Rule 42(b) and (c).

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved, and the appeal is dismissed.

DATED: Honolulu, Hawai#i, November 22, 2021.

/s/ Lisa M. Ginoza Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Keith K. Hiraoka Associate Judge