Opinion
NO. CAAP-11-0000664
12-19-2012
STATE OF HAWAII, Plaintiff-Appellee, v. KYLE CAMERON SCHARNHORST, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CR. NO. 07-1-0628(2))
ORDER GRANTING THE MOTION FOR
VOLUNTARY DISMISSAL OF APPEAL FILED ON DECEMBER 14, 2012
(By: Foley, Presiding Judge, Fujise and Ginoza, JJ.)
Upon consideration of the Motion for Voluntary Dismissal of Appeal, filed on December 14, 2012 by Cynthia A. Kagiwada, Esq., counsel for Defendant-Appellant Kyle Cameron Scharnhorst, the attachments thereto, and the files herein, it appears that Defendant-Appellant's declaration reflects a knowing and intelligent understanding of the consequences of the dismissal of the appeal with prejudice and that Defendant-Appellant's withdrawal of his appeal is made voluntarily.
IT IS HEREBY ORDERED that the motion is granted, pursuant to Hawai'i Rules of Appellate Procedure Rule 42, and the appeal is dismissed.
DATED: Honolulu, Hawai'i, December 19, 2012.
Presiding Judge
Associate Judge
Associate Judge