STATE OF HAWAI`I, Plaintiff-Appellee v. WAYNE ROBYN, Defendant-Appellant.

26089Supreme Court of Hawaii.
January 8, 2004.

APPEAL FROM THE FIFTH CIRCUIT COURT (CR. NO. 00-01-0054)

Mark R. Zenger for defendant-appellant on the motion.

ORDER GRANTING MOTION OF DEFENDANT-APPELLANT 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).