Full Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 05-NOV-2026 07:54 AM Dkt. 29 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I ROCKY HERMANNS-RAYMOND, Petitioner-Appellant, v. STATE OF HAWAI I, Respondent-Appellee. APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NOS. 2CPN-XX-XXXXXXX; 2CPC-XX-XXXXXXX) ORDER DISMISSING APPEAL (By: Hiraoka, Presiding Judge, Wadsworth and Gluck, JJ.) Upon review of the record, it appears that: (a) Self-represented Petitioner-Appellant Rocky Hermanns-Raymond (Hermanns-Raymond) appeals from the April 21, 2025 "Court's Findings of Fact, Conclusions of Law, and Order Denying Rule 40 Petition" entered by the Circuit Court of the Second Circuit. (b) Hermanns-Raymond did not file the statement of jurisdiction or opening brief and has not taken any further action in this appeal. Hermanns-Raymond's address for service of process in this appeal is the Halawa Correctional Facility. (c) The appellate clerk served Hermanns-Raymond with a copy of the December 30, 2025 order, which was returned to the appellate clerk on January 12, 2026 via U.S. mail with a label stating "Return to Sender[,]" "Attempted – Not Known[,]" and "Unable to Forward[,]" and a checkmark to indicate "Not Here[.]" (d) The court's September 30, 2026 order instructed Respondent-Appellee State of Hawai i to file a declaration NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER indicating Hermanns-Raymond's custody status, and his current or last known location and address. (e) Deputy prosecuting attorney Gerald K. Enriques filed a declaration that stated "[t]o the best of the State's knowledge, Hermanns-Raymond was reported as deceased while in custody at Halawa Correctional Facility on December 19, 2025." The declaration attached a copy of a December 20, 2025 "reporting of a death" from the Director of the State of Hawai i Department of Corrections and Rehabilitation to the Governor, obtained from the department's public website, that indicates "Hermanns- Raymond, Rocky M.K." died on December 19, 2025 at Halawa Correctional Facility. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed as moot. See State v. Makaila, 79 Hawai i 40, 45 & n.11, 897 P.2d 967, 972 & n.11 (1995). IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, November 5, 2026. /s/ Keith K. Hiraoka Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Daniel M. Gluck Associate Judge 2