NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 27751





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Plaintiff-Appellee, v.
LAURA M. KAUWE, Defendant-Appellant, and
ABRAHAM K. KAUWE, JR., Defendant-Appellant




APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(Cr. No. 04-1-0062)



ORDER OF DISMISSAL
(By: Foley, Presiding Judge, Nakamura and Fujise, JJ.)

Upon consideration of "Defendant-Appellant Laura Kauwe's [(Laura Kauwe)] Motion to Dismiss Appeal as Moot, Vacate Original Judgment of Conviction, and Dismiss all Related Criminal Proceedings" filed on July 13, 2007 by counsel for Laura Kauwe, the papers in support, the attachments thereto, and the records and files herein, it appears that Laura Kauwe died on April 30, 2007 and a motion for substitution of a proper party defendant-appellant pursuant to Hawaii Rules of Appellate Procedure Rule 43(a) will not be filed. Therefore,

IT IS HEREBY ORDERED that, pursuant to State v Makaila, 79 Hawai`i 40, 45, 897 P.2d 967, 972 (1995), the appeal of Defendant-Appellant Laura Kauwe is dismissed as moot, her underlying judgment of conviction is vacated, and the criminal proceedings against her are dismissed. The appeal of Defendant-Appellant Abraham K. Kauwe, Jr. remains pending for disposition.

DATED: Honolulu, Hawai`i, July 24, 2007.

On the motion:

James S. Tabe,
Deputy Public Defender,
for Defendant-Appellant
Laura M. Kauwe.