IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
January 25, 2012
STATE OF HAWAII,
MARTY MARTINS, DEFENDANT-APPELLANT
APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT (CASE NO. 5DTP-10-001766)
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
ORDER DISMISSING APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon review of the record, it appears that:
(1) Defendant-Appellant Marty Martins (Appellant), who was representing himself, filed a notice of appeal on April 6, 2011; (2) on November 29, 2011, Deputy Prosecuting Attorney Tracy Murakami informed the court that Appellant passed away and has not requested a substitution; (3) on January 17, 2012, this court in Appeal No. CAAP-11-101, State v. Martins, another appeal involving Appellant, issued an order dismissing the appeal because there was no person to serve as substitute party under Hawaii Rules of Appellate Procedure (HRAP) Rule 43(a); and (4) as Appellant was representing himself in the present appeal, there is no person to serve as a substitute party under HRAP Rule 43(a). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed.
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