NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 19-DEC-2025 08:14 AM Dkt. 32 OGMD NO. CAAP-XX-XXXXXXX

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

STATE OF HAWAI#I, Plaintiff-Appellee, v. BRANDAN NICHOLSON, Defendant-Appellant.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CPC-XX-XXXXXXX)

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

Upon consideration of Defendant-Appellant Brandan Nicholson's (Nicholson) October 27, 2025 Motion to Dismiss Appeal, the papers in support, and the record, it appears that: (1) The appeal has been docketed; (2) Nicholson seeks to dismiss the appeal; and (3) In support of the motion, Nicholson has filed a declaration showing he is withdrawing the appeal voluntarily and understands the consequences of 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, pursuant to HRAP Rule 42(b)- (c).

DATED: Honolulu, Hawai#i, December 19, 2025.

/s/ Keith K. Hiraoka Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge