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State of Hawaii v. Patrick W. Deguair

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


September 22, 2011

STATE OF HAWAII,
PLAINTIFF-APPELLANT/CROSS-APPELLEE,
v.
PATRICK W. DEGUAIR, JR.,
DEFENDANT-APPELLEE/CROSS-APPELLANT, AND ARYSS DAYNE K. KAMAI,
DEFENDANT

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 08-1-0533)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW STATE'S APPEAL

(By: Nakamura, C.J., Foley and Reifurth, JJ.)

Upon consideration of Motion for Leave to Withdraw State's Appeal filed by Plaintiff-Appellant/Cross-Appellee State of Hawaii, the papers in support, and the records and files herein, it appears that: (1) Plaintiff-Appellee State of Hawaii is moving to withdraw its appeal with the parties to bear their own costs and fees; and (2) Defendant-Appellee/Cross-Appellant Patrick W. Deguair is represented by court-appointed counsel, and any request for attorney's fees and costs filed by court- appointed counsel is governed by HRS § 802-5 and Hawaii Rules of Appellate Procedure (HRAP) Rule 39(d). Therefore,

IT IS HEREBY ORDERED that:

1. The motion for leave to withdraw the State's appeal is granted, and the State's appeal is dismissed. Defendant Appellee/Cross-Appellant Patrick W. Deguair, Jr.'s cross-appeal remains pending.

2. The request that the dismissal provide that the parties shall bear their own fees and costs is denied. Court- appointed counsel may file in the cross-appeal his request for fees and costs in accordance with HRS § 802-5 and HRAP Rule 39(d).

3. The clerk of the Circuit Court of the First Circuit shall transmit the record on appeal within the time provided by HRAP Rule 11.

Chief Judge

Associate Judge

Associate Judge

20110922

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