*** NOT FOR PUBLICATION ***


NO. 26608



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee


vs.



POSITONI T. LANGI, Defendant-Appellant


APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 00-1-2594)



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 November 28, 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.