Marks v. State (Order Dismissing Appeal)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS OR THE PACIFIC REPORTER

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NO. 27956

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

DONALD MARKS, Petitioner-Appellant,

v.

STATE OF HAWAI`I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(S.P.P. NO. 05-1-0060)

ORDER DISMISSING APPEAL

(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of the record, it appears that: (1) on October 3, 2006, this court directed Petitioner-Appellant Donald Marks to file the opening brief or an appropriate dismissal within thirty days; and (2) Petitioner-Appellant did not file the opening brief or an appropriate dismissal within the time provided. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

Dated: Honolulu, Hawai`i, November 30, 2006.