IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
January 17, 2012
STATE OF HAWAII,
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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER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.
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