NO. 23724





IN THE SUPREME COURT OF THE STATE OF HAWAII

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STATE OF HAWAII, Plaintiff-Appellee,



vs.



AUA PEDRO, Defendant-Appellant.

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APPEAL FROM THE FIRST CIRCUIT COURT

(CR. NO. 96-1484)





ORDER

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

Ramil, and Acoba, JJ.)

Upon consideration of Defendant-Appellant Aua Pedro's motion for dismissal of his appeal, the declaration in support, and the records and files herein, it appears that in his declaration appended to the motion for dismissal, Defendant-Appellant states: (1) he understands he has a right to appeal; (2) he understands the consequences of dismissing the appeal and that he cannot reactivate his appeal once it is dismissed; and (3) he voluntarily moves to dismiss his appeal. Therefore,

IT IS HEREBY ORDERED that the motion for dismissal of appeal is granted pursuant to HRAP Rule 42(c), and this appeal is dismissed.

DATED: Honolulu, Hawaii, December 28, 2000.