NO. 23935





IN THE SUPREME COURT OF THE STATE OF HAWAII

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STATE OF HAWAII, Plaintiff-Appellee,



vs.



MONTE LOUIS YOUNG, JR., Defendant-Appellant.

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APPEAL FROM THE FIRST CIRCUIT COURT

(CR. NO. 97-1194)





ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)



Upon review of the record in Appeal No. 23935, it appears that Defendant's December 8, 2000 notice of appeal to the circuit court was filed mistakenly as an appeal to the supreme court. Therefore,

IT IS HEREBY ORDERED that the supreme court appeal is dismissed. Any party may, within ten days from the date of this order, move for reconsideration of this dismissal.

DATED: Honolulu, Hawaii, February 15, 2001.