NO. 26645


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee

vs.


HERBERT H. FRENCH, aka Greg H. French and Frenchy,
Defendant-Appellant
(CR. NO. 01-1-0977)

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STATE OF HAWAI`I, Plaintiff


vs.


KEALA MONTEVRON, aka Keala, Jr., Defendant
(CR. NO. 01-1-1009)


APPEAL FROM THE FIRST CIRCUIT COURT


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

Upon consideration of Defendant-Appellant Herbert H. French's motion for dismissal of his appeal, the declaration of Appellant French in support of dismissal, and the records and files herein, it appears: (1) Appellant French understands the consequences of dismissing his appeal; and (2) Appellant French's request to dismiss his appeal is voluntary. Therefore,

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

DATED: Honolulu, Hawai`i, September 24, 2004.


Warren Kim
for appellant on
the motion