NO. 27603



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee


vs.


GAVIN W. BOLOSAN, Defendant-Appellant





APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 04-1-0811)





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

Upon consideration of Defendant-Appellant Gavin W. Bolosan's motion for dismissal of his appeal pursuant to HRAP Rule 42(c), the papers in support, and the records and files herein, it appears: (1) Appellant is appealing from the judgment of conviction and sentence filed on October 18, 2005 in the Circuit Court of the First Circuit; and (2) in his declaration, Appellant states that his request to dismiss his appeal is voluntary and that he understands the consequences of dismissing his appeal. Therefore,

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

DATED: Honolulu, Hawai`i, April 28, 2006.



Chester M. Kanai
for defendant-
appellant on the
motion