*** NOT FOR PUBLICATION ***



NO. 25884



IN THE SUPREME COURT OF THE STATE OF HAWAI`I


STATE OF HAWAI`I, Plaintiff-Appellee


vs.


ZACHARY K. NAEOLE, Defendant-Appellant


APPEAL FROM THE SECOND CIRCUIT COURT
(CR. NO. 86-0101)



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

Upon review of the record, it appears that this court informed Appellant by letter dated March 19, 2004 that the time for filing the statement of jurisdiction expired on January 16, 2004 and the time to file the opening brief expired on February 7, 2004 and that, pursuant to Rule 30 of the Hawai`i Rules of Appellate Procedure, the matter would be called to the attention of the court for such action as the court deemed proper including dismissal of the appeal. Appellant having failed to respond to said letter or to otherwise oppose dismissal,

IT IS HEREBY ORDERED that the appeal is dismissed.

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