*** NOT FOR PUBLICATION ***


NO. 26176



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Plaintiff-Appellee


vs.


WILLIAM W. RAMSEY, JR., Defendant-Appellant


APPEAL FROM THE SECOND CIRCUIT COURT
(CR. NO. 88-0289)



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 file the statement of jurisdiction and opening brief or an appropriate dismissal of the appeal within 30 days from the date of the order filed on March 9, 2004. Appellant having failed to file the statement of jurisdiction and opening brief or to otherwise oppose dismissal,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, April 26, 2004.