State v. Klask

• Court: Hawaii Intermediate Court of Appeals
• Decided: August 12, 2010
• Docket: 30431
• Status: Published

Opinion

LAW LlBRAF-‘RY/

NOT FOR PUBLICATION ]N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

No. 30431 ':~:Y IN THE INTERMEDIA'I'E COURT 'OF APPEALS ca wY OF 'l'I-IE STATE OF HAWAI‘I f" § .- s ~== STATE OF HAWAII, Plaintiff-Appellee, v §§ aff ALAN KLASK, Defendant-Appellant no APPEAL FRC)M THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CR. NO. 09-1-0338) ORDER JJ.)

(By: Fujise, Presiding Judge, Reifurth and Ginoza, Upon consideration of "Defendant-Appellant's Motion to_

Dismiss Appeal From Judgment Guilty Conviction and Sentence," the papers in support, and the records and files herein, it appears the Circuit Court of the Fifth

that: (l) on March l7, 20lO, Circuit entered a judgment of conviction and sentenced Defendant-

(Appellant) to 50 hours of community

20lO, Appellant filed a notice of

Appellant Alan Klask Counsel

service; (2) on April 6, appeal; (3) according to the declaration of Rosa Flores, she attempted to contact Appellant, who has no

for Appellant, local address, regarding the appeal by leaving messages on

Appellant's cell phone; (4) in early June, Appellant called Counsel and informed her that he completed his community service and no longer wished to appeal; (5) Counsel informed Appellant

she would withdraw the appeal, but Appellant had to remain in (6) Counsel

contact until the withdrawal papers were finalized; made multiple efforts to contact Appellant in June and July Counsel verifies that Appellant no longer

without success; (7) wants to pursue the appeal; and (8) as required by Hawafi Rules

of Appellate Procedure (HRAP) Rule 42(c), Counsel's declaration

NOT FOR PUBLICATION ]N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

demonstrates that Appellant wants to withdraw his appeal and that

' Counsel made a diligent effort to contact Appellant regarding the

dismissal. Therefore,

IT IS HEREBY ORDERED that "Defendant-Appellant's Motion to Dismiss Appeal From Judgment Guilty Conviction and Sentence" is granted, and this appeal is dismissed pursuant to HRAP

Rule 42(c). _ DATED: Honolulu, Hawafi, August 12, 20lO.

On the motion:

Rosa Flores, for Defendant-Appellant . ' `

Presiding Judg

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Associate Judge

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