August 1, 2013
STATE OF HAWAII, Plaintiff-Appellee,
RODNEY A. HERBERT, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CR. NOS. 12-1-0143(1) and 12-1-0363(1))
Nakamura, C.J., Foley and Reifurth, JJ.
ORDER GRANTING DEFENDANT-APPELLANT'S JULY 15, 2013 MOTION TO WITHDRAW AND DISMISS APPEAL
Upon consideration of "Appellant's Motion to Withdraw and Dismiss Appeal, " filed July 15, 2013, by Defendant-Appellant Rodney A. Herbert (Appellant), through counsel Benjamin E. Lowenthal, the papers in support, the record, and there being no opposition, it appears that Appellant seeks to dismiss this docketed appeal, and Appellant executed a declaration, consistent with Hawai'i Rules of Appellate Procedure (HRAP) Rule 42 (c), that reflects a knowing and intelligent understanding of the consequences of the dismissal of the appeal and that the withdrawal is made voluntarily. Therefore,
IT IS HEREBY ORDERED that the motion to withdraw and dismiss the appeal is granted and the appeal is dismissed, pursuant to HRAP Rule 42 (b) and (c) .