State v. Marshall

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
22-NOV-2021
07:47 AM
Dkt. 85 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee,
v.
CLAY MARSHALL, Defendant-Appellant

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

ORDER APPROVING THE NOVEMBER 12, 2021
STIPULATION FOR DISMISSAL OF APPEAL
(By: Ginoza, Chief Judge, Leonard and Hiraoka, JJ.)

Upon consideration of the Stipulation for Dismissal of
Appeal, filed November 12, 2021, and executed by counsel for
Defendant-Appellant Clay Marshall (Marshall) and the State of
Hawai#i, the papers in support, and the record, it appears that:
(1) the appeal has been docketed;
(2) Marshall seeks to dismiss the appeal;
(3) the motion includes Marshall's declaration showing
he understands the consequences of voluntary dismissal,
consistent with Hawai#i Rules of Appellate Procedure (HRAP) Rule
42(c); and
(4) dismissal is authorized by HRAP Rule 42(b) and (c).
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the stipulation to
dismiss the appeal is approved, and the appeal is dismissed.
DATED: Honolulu, Hawai#i, November 22, 2021.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Katherine G. Leonard
Associate Judge

/s/ Keith K. Hiraoka
Associate Judge

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