State v. Orbistando
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NO. 26454 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. JUSTIN ORBISTANDO, Defendant-Appellant APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 03-1-2315) (By: ORDER GRANTING DEFENDANT-APPELLANT ORBISTANDO S MOTION FOR DISMISSAL OF APPEAL Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of Defendant-Appellant Justin Orbistando s motion for dismissal of his appeal, the papers in support, and the records and files herein, it appears: (1) Appellant no longer wishes to pursue this interlocutory appeal; (2) Appellant s declaration shows Appellant understands the consequences of dismissing his appeal and that the request for dismissal is voluntary. Therefore, IT IS HEREBY ORDERED that Defendant-Appellant s motion for dismissal of his appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(c). DATED: Honolulu, Hawai#i, November 4, 2004. Hayden Aluli for defendant-appellant on the motion
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