NOT FOR PUIILICA'I`I()N IN WES'_I"S HAWAI‘I REPORTS AND PACIFIC REI’ORTER

NO. 29935 IN THE INTERMEDIATE COURT OF APPEALS P--> 1335 OF THE STATE OF HAWAIUf §§ STATE OF HAWAfI, Plaintiff~Appellee, v. §, JASON KIYUNA, Defendant~Appellant m w §§ APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUTt §§ (CR. No. 03~i-160S) §§ ¢§ ¢:.»,, `J ORDER GRANTING THE MOTION FOR DISMISSAL 0F 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 Hawafi RuleS of Appellate Procedure (HRAP) Rule 42(c), IT IS HEREBY ORDERED that the Motion for Dismissal of Appeal is granted and Appeal No. 29935 is dismisSed.

DATED= Hono1u1u, HawaFi, JanuarY 5» 2010- [Z;z'7!y ;zzLQ;wa»ar/ Chief Judge ¢@WM@_ r;%@»\ Associate Judge