NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER



NO. 28030





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





LEONARD M. TAVARES, Petitioner-Appellant,
v.
STATE OF HAWAI`I, Respondent-Appellee






APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(S.P.P. NO. 06-1-0002)





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

Upon review of the record, it appears: (1) on November 30, 2006 this court directed Petitioner-Appellant Leonard M. Tavares to file the opening brief or an appropriate dismissal within thirty days and that failure to comply with the order would result in dismissal of the appeal; (2) Petitioner-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, March 12, 2007.