IN THE SUPREME COURT OF THE STATE OF
APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 04-1-0204)
ORDER GRANTING DEFENDANT-APPELLANT'S
Upon consideration of
Defendant-Appellant Uiese Moetoto's second motion to withdraw appeal,
the papers in support, and the records and files herein, it
appears that: (1) Appellant states he signed a statement that he
did not wish to continue his appeal; (2) he voluntarily and of his own
free will instructed his
attorney to withdraw his appeal; (3) his attorney explained that once
he withdraws the appeal his case will be terminated and cannot be
renewed; and (4) he has
a full understanding of the consequences of withdrawing his appeal.
SECOND MOTION TO WITHDRAW
(By: Moon, C.J.,
Levinson, Nakayama, Acoba, and Duffy, JJ.)
IT IS HEREBY ORDERED
that the motion to withdraw appeal is granted, and this appeal is
dismissed pursuant to HRAP Rule 42(c).
Hawai‘i, May 16, 2005.
JohnAaron M. Jones
on the motion