State v. Johnson (Order Granting Motion for Dismissal of

NO. 26926

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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STATE OF HAWAI`I, Plaintiff-Appellee

vs.

ARMAN B. JOHNSON, Defendant-Appellant

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APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT

(HPD NO. H-06685)

ORDER GRANTING MOTION FOR DISMISSAL OF APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of the motion for dismissal of the appeal of Defendant-Appellant Arman B. Johnson filed by Defendant-Appellant's attorney, the papers in support, and the records and files herein, it appears that: (1) Appellant was convicted of the offense of criminal contempt of court; (2) the Office of the Public Defender filed a notice of appeal on behalf of Appellant on October 14, 2004; (3) since that date, Appellant's counsel has been unable to locate him; (4) Appellant did not respond to letters sent to his last know address; (5) the telephone numbers Appellant provided are not in service; 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, January 10, 2005.

Deborah L. Kim,
Deputy Public Defender,
for defendant-appellant
on the motion