*** NOT FOR PUBLICATION ***

NO. 26633


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


SAMUEL KALILIKANE, Petitioner-Appellant

vs.

STATE OF HAWAI`I, Respondent-Appellee

APPEAL FROM THE FIRST CIRCUIT COURT
(S.P.P. NO. 04-1-0013)


ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

On January 28, 2005, this court ordered Appellant Samuel Kalilikane, pro se, to either file the opening brief in the above entitled matter or an appropriate dismissal of the appeal within 30 days from the date of the order. Appellant has submitted a letter indicating that he is withdrawing his appeal. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, April 12, 2005.