State v. Paleka

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-MAY-2023
08:05 AM
Dkt. 21 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v.
DAMIEN PALEKA, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CPC-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)
Upon consideration of the Motion to Dismiss Appeal,
filed May 5, 2023 (motion), by Defendant-Appellant Damien Paleka
(Paleka), the papers in support, the record, and noting no
opposition, it appears that (1) the appeal was docketed on
November 15, 2022; (2) Paleka seeks to dismiss the appeal; (3)
the motion is supported by Paleka's declaration showing Paleka
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).
Therefore, IT IS HEREBY ORDERED that the motion is
granted, and the appeal is dismissed.
DATED: Honolulu, Hawai i, May 30, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge