State v. Penovaroff

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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