State v. Orbistando (Order Granting Defendant-Appellant Orbistando's Motion for Dismissal of Appeal)

NO. 26454

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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STATE OF HAWAI`I, Plaintiff-Appellee

vs.

JUSTIN ORBISTANDO, Defendant-Appellant

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APPEAL FROM THE FIRST CIRCUIT COURT

(CR. NO. 03-1-2315)

ORDER GRANTING DEFENDANT-APPELLANT
ORBISTANDO'S MOTION FOR DISMISSAL OF APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Defendant-Appellant Justin Orbistando's motion for dismissal of his appeal, the papers in support, and the records and files herein, it appears: (1) Appellant no longer wishes to pursue this interlocutory appeal; (2) Appellant's declaration shows Appellant understands the consequences of dismissing his appeal and that the request for dismissal is voluntary. Therefore,

IT IS HEREBY ORDERED that Defendant-Appellant's motion for dismissal of his appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(c).

DATED: Honolulu, Hawai`i, November 4, 2004.

Hayden Aluli
for defendant-appellant
on the motion