*** NOT FOR PUBLICATION ***


NO. 25833


IN THE SUPREME COURT OF THE STATE OF HAWAI`I

STATE OF HAWAI`I, Plaintiff-Appellee

vs.

ANTHONY S. POULIN, Defendant-Appellant


APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FC-CR. NO. 02-1-0264)


ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon review of the record, it appears that (1) the Supreme Court Clerk's Office informed appellant by letter dated August 14, 2003, that the statement of jurisdiction was in default and by letter dated September 5, 2003, that the opening brief was in default, and (2) on November 3, 2003, this court ordered appellant to file the above documents by December 30, 2003. No statement of jurisdiction and opening brief having been filed,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, March 15, 2004.