NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29197




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I






STATE OF HAWAI‘I, Plaintiff-Appellee,

v.

RONALD HERBERT VIERRA, JR., Defendant-Appellant.






APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(CASE NO. 3DTC-07-019658 (HILO))





ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon consideration of the Motion to Dismiss Appeal filed by Defendant-Appellant Ronald Herbert Vierra, Jr. (Appellant), the papers in support, and the records and files herein, it appears that: (1) Appellant wishes to dismiss his appeal; and (2) as required by Rule 42(c) of the Hawai‘i Rules of Appellate Procedure, Appellant's declaration in support of the motion to dismiss shows that Appellant understands the consequences of dismissing his appeal and that the dismissal is voluntary. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss appeal is granted, and this appeal is dismissed.

DATED: Honolulu, Hawai‘i, August 22, 2008.