N()T FOR PUBLICATION IN WEST'S HAWAI‘I REP()RTS AN'I) PAC[FIC REP()RTER NO. 30lO5 IN THE INTERMEDlATE COURT OF APPEALS

0F THE sTATE oF HAwAr:

sTATs oF HAwAr:, plaintiff-Appe11ee, v.“`5 §M LYNDON FURTADO, Defendant-Appellant §; _Q APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 08-l-2002) ORDER DISMISSING APPEAL PURSUANT TO HRAP RULES 42(b) and (C) (By: Nakamura, C.J., Foley and Fujise, JJ.)

Upon consideration of Defendant-Appellant Lyndon Furtado's Motion to Dismiss Appeal, the declarations in support, and the records and files herein, it appears that: (1) Defendant~ Appellant Lyndon Furtado (Appellant) states that he wishes to dismiss his appeal; (2) Appellant's declaration in support indicates that Appellant understands the consequences of dismissing his appeal and that the dismissal is voluntary.

Therefore, § IT IS HEREBY ORDERED that the motion to dismiss appeal is granted, and this appeal is dismissed pursuant to HawaiU_ Rules of Appellate Procedure Rules 42(b) and (c).

DATED: Honolulu, Hawafi, February 23, 20lO. ¢%'/Z(.

C Associate Judge ¢jZLanz//1;Z7évZZ;L»$' Associate Judge <:j‘,~