Suitt v. State

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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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 08:02 AM Dkt. 153 OGMD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

BRYAN SUITT, Petitioner-Appellant, v.

STATE OF HAWAI#I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1PR161000011)

ORDER

(By: Leonard, Acting Chief Judge and Hiraoka, J.

and DeWeese, Third Circuit Court J. (in place of Wadsworth, Nakasone, McCullen and Guidry, JJ., recused))

Upon consideration of "Respondent-Appellee State of Hawaii's Motion to Dismiss Claims Against the Hawai#i Paroling Authority in this Appeal as Moot" filed on April 5, 2024, the papers in support, the record, and no response having been filed by Petitioner-Appellant Bryan Suitt, it appears that:

1. Ground 54 of Suitt's Hawai#i Rules of Penal Procedure (HRPP) Rule 40 petition alleged errors by the Hawai#i Paroling Authority (HPA) in setting Suitt's minimum term in 2016;

2. On December 1, 2023, HPA set a new minimum term for Suitt;

3. On February 9, 2024, Suitt filed an HRPP Rule 40 petition challenging the minimum term set by HPA in 2023, No. 1CPN-XX-XXXXXXX; and

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

4. Ground 54 of Suitt's HRPP Rule 40 petition is moot.

Therefore, IT IS HEREBY ORDERED that the State's Motion is granted, and the appeal from the claim against HPA (Ground 54) is dismissed.

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

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Wendy M. DeWeese Third Circuit Court Judge