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NO. 26089 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. WAYNE ROBYN, Defendant-Appellant APPEAL FROM THE FIFTH CIRCUIT COURT (CR. NO. 00-01-0054) ORDER GRANTING MOTION OF DEFENDANTAPPELLANT TO VOLUNTARILY WITHDRAW APPEAL Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of Defendant-Appellant Wayne Robyn's motion to voluntarily withdraw his appeal, the papers in support, and the records and files herein, it appears that: (1) Appellant is appealing from the judgment, guilty conviction, and sentence entered on August 21, 2003; and (2) in his signed declaration, Appellant states that he is incarcerated, he understands that he has a right to an appeal, and after fully discussing the matter with his attorney, he knowingly and voluntarily seeks withdrawal of his appeal. Therefore, IT IS HEREBY ORDERED that Defendant-Appellant's motion to voluntarily withdraw appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(c). DATED: Honolulu, Hawai#i, January 8, 2004. Mark R. Zenger for defendantappellant on the motion

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