NO. 26609
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Plaintiff-Appellee
vs.
KEONI
K. BERMUDEZ, Defendant-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(CR.
NO. 03-1-0791)
ORDER
GRANTING MOTION FOR ORDER OF DISMISSAL OF APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration
of the motion for an order dismissing the appeal of Defendant-Appellant
Keoni K. Bermudez filed by
Appellant's attorney, the papers in support, and the records and files
herein, it appears that: (1) Appellant was convicted of
the offense of attempted theft in the second degree and sentenced to a
term of probation; (2) on June 4, 2004, the public
defender's office filed a notice of appeal on behalf of Appellant; (3)
Appellant has not maintained contact with his attorney;
(4) a letter was sent to Appellant's last known address informing
Appellant that he must remain in contact with his attorney
and that failure to contact his attorney may result in dismissal of his
appeal; (5) Appellant did not contact his attorney or
otherwise respond to the letter; (6) one telephone number Appellant
provided is no longer in service and the person
answering the telephone at the second number Appellant provided had no
knowledge of Appellant's whereabouts; (7)
Appellant has not been reporting to his probation officer, the
telephone number he provided to the probation department is
no longer in service, and his probation officer does not know where he
can be located; and (8) 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, November 18, 2004.
James S. Tabe,
Deputy Public Defender,
for defendant-appellant
on the motion