NO. 27951




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







STATE OF HAWAI`I, Plaintiff-Appellee, v.
KELLY COSTA, Defendant-Appellant




APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-CR. NO. 05-1-2403)








ORDER GRANTING MOTION FOR DISMISSAL OF APPEAL
(By: Burns, C.J., Lim and Foley, JJ.)

Upon consideration of Defendant-Appellant Kelly Costa's motion for dismissal of his appeal, the papers in support, and the records and files herein, it appears that Defendant-Appellant Kelly Costa states he wants to dismiss his appeal and that he understands the consequences of dismissing his appeal. Therefore,

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

DATED: Honolulu, Hawai`i, March 16, 2007.