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NO. 26028 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. CLINT KELAI KALAOLA, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (HPD TRAFFIC NOS. 93491761 and 93461249) ORDER GRANTING DEFENDANT-APPELLANT'S MOTION FOR DISMISSAL OF APPEAL Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of Defendant-Appellant Clint Kelai Kalaola's motion for dismissal of appeal, the papers in support, and the records and files herein, it appears that: (1) Appellant is appealing from the July 18, 2003 order denying his motion to withdraw a no contest plea; (2) in his signed declaration, Appellant states that he discussed the matter with his attorney and he understands the consequences of dismissal; and (3) Appellant states that he knowingly and voluntarily seeks dismissal of the appeal. Therefore, IT IS HEREBY ORDERED that Defendant-Appellant's motion for dismissal of his appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(c). DATED: Honolulu, Hawai#i, January 8, 2004. Howard K. K. Luke for defendantappellant on the motion

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