*** NOT FOR PUBLICATION ***

NO. 26361



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Plaintiff-Appellee


vs.


CHRIS GRINDLING, Defendant-Appellant



APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
(CASE NOS. 0873391MM, 0873392MM and 0873393MM)


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 letters that the time for filing the statement of jurisdiction expired on March 18, 2004 and the time for filing the opening brief expired on April 17, 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, July 26, 2004.