NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 14-DEC-2022 07:55 AM Dkt. 19 OAWST NO. CAAP-XX-XXXXXXX

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

STATE OF HAWAI I, Plaintiff-Appellee, v. MAGNO D. FRANCO, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION (CASE NO. 1DTA-22-00838)

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Leonard, Presiding Judge, Hiraoka and Chan, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal and Order, filed on September 29, 2022, by Defendant- Appellant Magno D. Franco (Franco), it appears that (1) the appeal was docketed on November 7, 2022; (2) under Hawai i Rules of Appellate Procedure (HRAP) Rule 42(b), the parties stipulate to dismiss the appeal; (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal; (4) attached to the stipulation is Franco's declaration showing that he understands the consequences of voluntary dismissal, consistent with HRAP Rule 42(c); and (5) dismissal is authorized by HRAP Rule 42(b) and (c).

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

DATED: Honolulu, Hawai i, December 14, 2022.

/s/ Katherine G. Leonard Presiding Judge /s/ Keith K. Hiraoka Associate Judge /s/ Derrick H.M. Chan Associate Judge