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NO. 23354

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellant vs. ROY K. HIRAYAMA, Defendant-Appellee

DISTRICT COURT OF THE SECOND CIRCUIT (TR21-TR22 OF 3/17/00) ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

(By:

Upon consideration of Plaintiff-Appellant State of Hawaii's motion for relief from default and motion to dismiss the State's appeal, the papers in support, and the records and files herein, it appears that: (1) on April 11, 2000, the State filed

a notice of appeal from the judgment and the order granting a motion to suppress evidence entered in the District Court of the Second Circuit; and (2) the State no longer wishes to pursue this appeal. Therefore, IT IS HEREBY ORDERED that the State's motion is granted and this appeal is dismissed. DATED: Honolulu, Hawai#i, July 21, 2000.



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