NO. 23354





IN THE SUPREME COURT OF THE STATE OF HAWAII





STATE OF HAWAII, Plaintiff-Appellant



vs.



ROY K. HIRAYAMA, Defendant-Appellee





DISTRICT COURT OF THE SECOND CIRCUIT

(TR21-TR22 OF 3/17/00)



ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson, Nakayama,

Ramil, and Acoba, JJ.)



Upon consideration of Plaintiff-Appellant State of Hawaii's motion for relief from default and motion to dismiss the State's appeal, the papers in support, and the records and files herein, it appears that: (1) on April 11, 2000, the State filed a notice of appeal from the judgment and the order granting a motion to suppress evidence entered in the District Court of the Second Circuit; and (2) the State no longer wishes to pursue this appeal. Therefore,

IT IS HEREBY ORDERED that the State's motion is granted and this appeal is dismissed.

DATED: Honolulu, Hawaii, July 21, 2000.