***
NOT FOR PUBLICATION ***
NO. 26817
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Plaintiff-Appellee
vs.
DONALD
KAGAWA, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
(CR. NO.
LC04-065)
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
November 19, 2004, that the time
for filing the statement of jurisdiction expired on November 5, 2004,
and by letter dated December 13, 2004, that the time for filing the
opening brief expired on December
5, 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 letters or to otherwise oppose dismissal,
IT IS HEREBY
ORDERED that the appeal is dismissed.
DATED: Honolulu,
Hawai`i, February 11, 2005.