NO. 26140


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee


vs.


ANTHONY K. VALENCIA, Defendant-Appellant



APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 00-1-2502)



ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Defendant-Appellant Anthony K. Valencia's motion to dismiss the appeal, the papers in support, and the records and files herein, it appears that Appellant understands the consequences of dismissing his appeal and the request to dismiss his appeal is voluntary. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(c).

DATED: Honolulu, Hawai`i, May 2, 2005.



Jacob M. Merrill
for defendant-appellant
on the motion