NO. 25710


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee

vs.


ROBERT TETU, aka Bobo, Defendant-Appellant


and


CARLO FIORE and ASHLEY MIKAMI, Defendants


APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 02-1-1091)



ORDER GRANTING DEFENDANT-APPELLANT
ROBERT TETU'S MOTION TO DISMISS APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Defendant-Appellant Robert Tetu's motion to dismiss appeal, the declaration of Robert Tetu, and the records and files herein, it appears that: (1) Appellant states that he wants to dismiss his appeal; and (2) Appellant's declaration shows that he understands the consequences of dismissing his appeal and that his request to dismiss his appeal is voluntary. Therefore,

IT IS HEREBY ORDERED that Defendant-Appellant Robert Tetu's motion to dismiss appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(c).

DATED: Honolulu, Hawai`i, March 8, 2004.


Jacob M. Merrill
for defendant-appellant
on the motion