State v. Kagawa (Order Dismissing Appeal)

*** NOT FOR PUBLICATION ***

NO. 26818

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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STATE OF HAWAI`I, Plaintiff-Appellee

vs.

DONALD KAGAWA, Defendant-Appellant

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APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT

(CR. NO. LC03-163)

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.