*** NOT FOR PUBLICATION ***


NO. 25142
 


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee

vs.

GREGORY JOSEPH STAMATIN, Defendant-Appellant


APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
(CTB2 B2-B5; 05/31/02)


ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, and Acoba, JJ.
and Intermediate Court of Appeals Associate Judge Watanabe,
assigned by reason of vacancy)

Upon review of the record, it appears that this court informed Appellant by order filed on January 14, 2003 that (1) the time for filing the opening brief expired on November 22, 2002 and (2) appellant shall either file the opening brief or file an appropriate dismissal of the appeal within 30 days from the date of that order. No opening brief having been filed,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, March 27, 2003.