NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 28847





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Plaintiff-Appellee, v.
JOSEPH KEOUA SOUZA, Defendant-Appellant.




APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FC CR. NO. 06-1-0203K (KONA))




ORDER GRANTING MOTION FOR
RULE 42(c), H.R.A.P. DISMISSAL OF APPEAL
(By: Recktenwald, C.J., Watanabe and Nakamura, JJ.)

Upon consideration of the Motion for Rule 42(c), H.R.A.P. Dismissal of Appeal filed by Defendant-Appellant Joseph Keoua Souza (Appellant), the papers in support, and the records and files herein, it appears that: (1) Appellant states he understands he has a right to appeal his conviction; (2) he agreed to dismiss his appeal after the third circuit court accepted his plea agreement that resulted in a settlement of all of his cases; and (3) he wishes to dismiss his appeal. Therefore,

IT IS HEREBY ORDERED that Motion for Rule 42(c), H.R.A.P. Dismissal of Appeal is granted, and this appeal is dismissed.

DATED: Honolulu, Hawai‘i, April 25, 2008.