NO. 28280




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I






STATE OF HAWAI`I, Plaintiff-Appellee,
vs.
KEITH K. KONG, Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CRIMINAL NO. 05-1-2006)







ORDER RE: AMENDED STIPULATION FOR DISMISSAL OF APPEAL
(By: Recktenwald, C.J.)

Upon consideration of the Amended Stipulation for Dismissal of Appeal, it appears that: (1) this court approved a stipulation to dismiss the appeal on May 18, 2007; (2) a correction to the stipulation was necessary and Appellant submitted the amended stipulation to this court for approval; (3) the amended stipulation does not contain a declaration of appellant pursuant to Hawai`i Rules of Appellate Procedure (HRAP) Rule 42(c). Therefore,

IT IS HEREBY ORDERED that the amended stipulation is not approved without prejudice to a subsequent stipulation that conforms with HRAP Rule 42(c).

DATED: Honolulu, Hawai`i, May 29, 2007.