NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 03-JAN-2024 08:01 AM Dkt. 71 OGMD NO. CAAP-XX-XXXXXXX

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

STATE OF HAWAI I, Plaintiff-Appellant, v. CALEB DAN CARPENTER, Defendant-Appellee

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

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

Upon consideration of Plaintiff-Appellant State of Hawaii's December 5, 2023 Motion to Dismiss Appeal, the papers in support, and the record, IT IS HEREBY ORDERED that the motion is granted. The appeal is dismissed under Hawai i Rules of Appellate Procedure Rule 42(b).

DATED: Honolulu, Hawai i, January 3, 2024.

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