State v. Gunderson (Order Dismissing Appeal)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS OR THE PACIFIC REPORTER

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NO. 27959

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

STATE OF HAWAI`I, Plaintiff-Appellee,

v.

GARTH ALLAN GUNDERSON, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT

(CASE NOS. 2DTA-06-00642; 0953085MM)

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 Defendant-Appellant Garth Gunderson to file the opening brief or an appropriate dismissal within thirty days; and (2) Defendant-Appellant did not file the opening brief or an appropriate dismissal within the time provided. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

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