NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-OCT-2024 08:18 AM Dkt. 31 OGMD NO. CAAP-XX-XXXXXXX

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

STATE OF HAWAI I, Plaintiff-Appellee, v. CASEY T. NISHIMURA, Defendant-Appellant

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

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)

Upon consideration of the Defendant-Appellant Casey T.

Nishimura's (Nishimura) August 28, 2024 Motion Dismiss Appeal, the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) Nishimura seeks to dismiss the appeal; and (3) attached to the motion is Nishimura's declaration showing he understands the consequences of voluntary dismissal, consistent with Hawai i Rules of Appellate Procedure (HRAP) Rule 42(c).

Therefore, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed, under HRAP Rule 42(b)-(c).

DATED: Honolulu, Hawai i, October 17, 2024.

/s/ Katherine G. Leonard Acting Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge