State v. Perry

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
05-FEB-2021
09:45 AM
Dkt. 81 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.
SEAN D.K. PERRY, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 1CPC-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Ginoza, Chief Judge, Leonard and Hiraoka, JJ.)
Upon consideration of the Response to Court's March 10,
2020 Order and Motion to Dismiss Appeal as Moot (Motion), filed
November 25, 2020, by Defendant-Appellant Sean D.K. Perry's
(Perry) counsel, Cynthia A. Kagiwada, the papers in support, the
record, and there being no opposition, it appears that Perry has
died during the pendency of his appeal and a motion for
substitution of proper party defendant-appellant pursuant to
Hawai#i Rules of Appellate Procedure Rule 43(a) was not filed.
Therefore, IT IS HEREBY ORDERED that, pursuant to State
v. Makaila, 79 Hawai#i 40, 45, 897 P.2d 967, 972 (1995), Perry's
appeal is dismissed as moot, the underlying judgment of
conviction is vacated, and all related criminal proceedings are
dismissed.
DATED: Honolulu, Hawai#i, February 5, 2021.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Katherine G. Leonard
Associate Judge

/s/ Keith K. Hiraoka
Associate Judge