NOT FOR. PU.BLICA'I`ION lN W’EST'S HAWAI°I REI’()RTS AND PACIFIC REP()RTEYR NO. 30035 IN THE INTERMEDIATE COURT OF APPEALS mss sTATs on HAwAr:

sTATE oF HAwA1‘:, plaintiff-Appe11@@, v. ij JOSEPH MAXILOM, Defendant~Appellant APPEAL FRoM THE c:RcU:T coURT 0F THE F:RsT c1RcUIT (cR. No. 06-1-1484) ' j, ORDER GRANTING MOTION TO DISMISS APPEAL QM (By: Nakamura, C.J., Foley and Fujise, JJ.)

Upon consideration of Defendant-Appellant Joseph Maxilom's Motion to Dismiss Appeal, the papers in support, and the records and files herein, it appears that: (l) Appellant filed a notice of appeal on September 3, 2009; (2) Appellant now moves to dismiss his appeal; and (3) in compliance with the requirements of HRAP Rule 42(c), Appellant’s declaration in support of the motion to dismiss shows that Appellant understands the consequences of dismissing his appeal and that the withdrawal of his appeal is voluntary. Therefore, IT IS HEREBY ORDERED that the motion to dismiss appeal is granted, and this appeal is dismissed.

DATED: Honolulu, HawaFi, February ll, 20lO. jeff :>arwa_.

Chief Judge ‘Vv ¢” /?~ /.~//?

Associate Judge ¢W.W¢Q£zjd:.

Associate Judge