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State of Hawaii v. Marty Martins

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


January 17, 2012

STATE OF HAWAII,
PLAINTIFF-APPELLEE,
v.
MARTY MARTINS, DEFENDANT-APPELLANT

APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT (CR. NO. 5P110-01013)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

ORDER DISMISSING APPEAL

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

Upon consideration of the August 1, 2011 letter from counsel for Defendant-Appellant, Marty Martins, informing this court that Mr. Martins had passed away during the pendency of this appeal and that counsel was aware of no person to properly serve as a substitute party, the December 30, 2011 Suggestion of Death Upon the Record Under HRAP Rule 43(a), the Plantiff- Appellee, State of Hawaii's failure to move for a substitution, and the record and file herein,

IT IS HEREBY ORDERED that this appeal is dismissed.

Chief Judge

Associate Judge

Associate Judge

20120117

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