***
NOT FOR
PUBLICATION ***
NO. 26058
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
WILLIAM S.
AHOLELEI, Petitioner-Appellant
vs.
STATE OF
HAWAI`I, Respondent-Appellee
APPEAL FROM
THE THIRD CIRCUIT COURT
(S.P.P. NO.
03-1-002K)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that this court ordered Appellant to either file the
statement of jurisdiction and
opening brief or an appropriate dismissal of the appeal by October 17,
2004. Appellant has failed to file the statement of
jurisdiction and opening brief. Therefore,
IT IS HEREBY
ORDERED that the appeal is dismissed.
DATED: Honolulu,
Hawai`i, December 20, 2004.