IN THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee
vs.
BOBBY HERNANDEZ, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(HPD CR. NO. 03097779)
ORDER GRANTING APPELLATE COUNSEL'S
MOTION TO DISMISS APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of appellate counsel's motion to dismiss the appeal of Defendant-Appellant Bobby Hernandez, the papers in support, and the records and files herein, it appears that: (1) Appellant was convicted and sentenced for the offense of harassment, and on April 16, 2003, the public defender's office filed a notice of appeal on behalf of Appellant; (2) Appellant was informed that he must remain in contact with his attorney; (3) appellate counsel has been unable to locate Appellant; (4) letters sent to Appellant's last known address were returned with notations that the mail was undeliverable and that Appellant had moved and left no address; (5) when appellate counsel called Appellant at his last known telephone numbers, he was informed that the numbers were not in service; and (6) Appellant has abandoned his appeal. Therefore,
Appellate counsel's motion to dismiss appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(C).
DATED: Honolulu, Hawai`i, August 27, 2003.
Edward K. Harada,
Deputy Public Defender,
for defendant-appellant
on the motion