State v. Crain

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NO. 26419 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. TOD M. CRAIN, Defendant-Appellant APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 02-1-2318) (By: ORDER GRANTING MOTION TO DISMISS APPEAL Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of Defendant-Appellant Tod M. Crain s motion to dismiss his appeal, the declaration of Appellant Crain in support of dismissal, and the records and files herein, it appears: (1) Appellant Crain understands the consequences of dismissing his appeal; and (2) Appellant Crain s request to dismiss his appeal is voluntary. Therefore, IT IS HEREBY ORDERED that Defendant-Appellant Tod M. Crain s motion to dismiss his appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(c). DATED: Honolulu, Hawai#i, September 28, 2004. Jacob M. Merrill for defendant-appellant on the motion

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