Maddox v. State (Order Denying Motion for Reconsideration of Stay; Order Denying Motion to Withdraw Appeal; and Dismissing Appeal)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

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NO. 27149

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

MICKEY A. MADDOX, Petitioner-Appellant,
v.
STATE OF HAWAI`I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(S.P.P. NO. 04-1-0030(3))
(CR. NO. 94-0496(3))

ORDER DENYING MOTION FOR RECONSIDERATION OF STAY;
GRANTING MOTION TO WITHDRAW APPEAL; AND DISMISSING APPEAL
(By: Burns, C.J., Lim and Foley, JJ.)

Upon consideration of: (1) Petitioner-Appellant Mickey A. Maddox's (a) motion for reconsideration of the November 21, 2006 order denying Appellant's motion to stay execution of appeal and (b) alternative motion to withdraw his appeal; (2) the papers in support; and (3) the records and files herein,

IT IS HEREBY ORDERED that the motion for reconsideration is denied.

IT IS FURTHER ORDERED that Appellant's alternative motion to withdraw his appeal is granted, and this appeal is dismissed.

DATED:  Honolulu, Hawai`i, December 8, 2006.