State v. Penovaroff

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-APR-2024 08:10 AM Dkt. 31 OGMD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v. VAN OSCAR J. PENOVAROFF, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH KONA DIVISION (CASE NO. 3DCW-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.)

Upon consideration of the Defendant-Appellant Van Oscar J. Penovaroff's (Penovaroff) April 16, 2024 Motion Dismiss Appellate Proceedings, the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) Penovaroff seeks to dismiss the appeal; and (3) attached to the motion is Penovaroff's declaration showing he understands the consequences of voluntary dismissal, consistent with Hawai i Rules of Appellate Procedure (HRAP) Rule 42(c). Therefore, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed, under HRAP Rule 42(b)-(c).

DATED: Honolulu, Hawai i, April 23, 2024.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Kimberly T. Guidry Associate Judge