N()T F()R PII.BLICAT.ION IN _WEST‘S HAWAI‘I REPORTS AND PACIFIC REPORTER

No. 29936 m 1225 § f~... :N THE INTERMED:ATE coURT oF APPBALS oF THE STATE oF HAWAJ;‘: <=3* STATE oF HAWAI‘I, Plaint;j_ff~zippeliee, v. JASON KIYUNA, Defendant~Appellant §§ APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. O8~l-2025) ORDER GR.ANTING THE MOTION FOR DISMISSAL OF APPEAL (By: Nakamura, C.J., Foley and Leonard, JJ.)

Upon consideration of the Motion for Dismissal of Appeal and the declaration of Defendant-Appellant Jason Kiyuna which complies the requirements of Hawai‘i Rules of Appellate Procedure (HRAP) Rule 42(c), IT IS HEREBY ORDERED that the Motion for Dismissal of Appeal is granted and Appeal No. 29936 is dismissed.

DATED: Honolulu, HawaiHq JaHUarY 51 2010- %/, »;,/, weigh Chief Judge :£Vi/f>r P@Q\ Associate Judge

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