NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29462





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
(SPP NO. 04-1-0030; CR. NO. 94-0496)




ORDER
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon consideration of Petitioner-Appellant Mickey A. Maddox's Petition to Withdraw Rule 35 Appeal, dated February 27, 2009, the papers in support, and the records and files herein,

IT IS HEREBY ORDERED that the petition to withdraw appeal is granted, and this appeal is dismissed pursuant to Rule 42(b) of the Hawai‘i Rules of Appellate Procedure.

DATED: Honolulu, Hawai‘i, March 4, 2009.