Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 16-OCT-2023 07:54 AM Dkt. 55 ORD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I STATE OF HAWAI‘I, Plaintiff-Appellee, v. JOVEN JOSEPH BANARES, Defendant-Appellant APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1PC151001819) ORDER GRANTING DEFENDANT-APPELLANT'S MOTION FOR PUBLICATION OF SUMMARY DISPOSITION ORDER FILED ON AUGUST 24, 2023 (By: Ginoza, Chief Judge, Leonard and Guidry, JJ.) On August 24, 2023, this court issued a Summary Disposition Order in this appeal. On September 11, 2023, Defendant-Appellant Joven Joseph Banares (Banares) filed a Motion for Publication of Summary Disposition Order filed on August 24, 2023, seeking to have this court's Summary Disposition Order issued as a published Opinion. No opposition was filed by Plaintiff-Appellee State of Hawaiʻi. Upon consideration of Banares's motion, IT IS HEREBY ORDERED that Banares's Motion for Publication of Summary Disposition Order Filed on August 24, 2023 is granted. IT IS FURTHER ORDERED that the August 24, 2023 Summary Disposition Order of this court is withdrawn and an opinion for publication will follow. DATED: Honolulu, Hawaiʻi, October 16, 2023. On the motion: /s/ Lisa M. Ginoza Taryn R. Tomasa, Chief Judge Deputy Public Defender, For Defendant-Appellant. /s/ Katherine G. Leonard Associate Judge /s/ Kimberly T. Guidry Associate Judge 2