NO. 26336
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Plaintiff-Appellee
vs.
CHESTER
VIERRA, Defendant-Appellant
APPEAL FROM
THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-CR. NO.
03-1-2507)
ORDER GRANTING MOTION FOR
DISMISSAL OF APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of appellate counsel's motion for an order
dismissing Defendant-Appellant Chester Vierra's appeal, the
papers in support, and the records and files herein, it appears that:
(1) Appellant was convicted and sentenced for the
offense of harassment in the Family Court of the First Circuit, and on
January 16, 2004, the public defender's office filed a
notice of appeal on behalf of Appellant; (2) Appellant was informed
that he must maintain contact with his attorney; (3)
several letters were sent to Appellant's last known address explaining
the appellate process and informing Appellant that he
must provide a phone number or other contact information to his
attorney; (4) on January 30, 2004, Appellant left a
message on his attorney's answering machine, but he did not provide a
telephone number or alternative address; (5)
Appellant did not otherwise respond to the letters sent to him, and the
public defender's office has been unable to locate
him; and (6) Appellant has abandoned his appeal. Therefore,
IT IS HEREBY
ORDERED that the motion for dismissal of the appeal is granted, and
this appeal is dismissed pursuant to
HRAP Rule 42(c).
DATED: Honolulu,
Hawai`i, April 26, 2004
Deborah L. Kim,
Deputy Public Defender,
for defendant-appellant
on the motion