Upon consideration of Plaintiff-Appellant State of Hawaii's motion for leave to withdraw the State's appeal, the papers in support, and the records and files herein,
IT IS HEREBY ORDERED that the motion is granted, and this appeal is dismissed pursuant to HRAP Rule 42(b).
DATED: Honolulu, Hawai`i, September 27, 2004.
Loren J.
Thomas,
Deputy Prosecuting Attorney,
for plaintiff-appellant
on the motion