NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO.
28117
IN THE
INTERMEDIATE COURT OF APPEALS
OF THE STATE
OF HAWAI`I
DAVID T.
HARRIS, Petitioner-Appellant,
v.
STATE OF
HAWAI`I, Respondent-Appellee
APPEAL FROM
THE CIRCUIT COURT OF THE FIRST CIRCUIT
(S.P.P. NO.
05-1-0070; CRIMINAL NO. 04-1-0891)
ORDER DISMISSING APPEAL
(By:
Watanabe, Presiding Judge, Nakamura and Fujise, JJ.)
Upon review of the record, it appears that: (1) Petitioner-Appellant
David T. Harris filed a notice of appeal on August 22,
2006; (2) on October 23, 2006, the appellate clerk filed a notice of
entering case on calendar and notified Appellant that the
jurisdictional statement was due on November 2, 2006 and the
opening brief was due on December 2, 2006; (3) Appellant
filed the statement of jurisdiction on November 2, 2006; (4) although
the court granted extensions of time, Appellant did
not file the opening brief; (5) on June 22, 2007, the appellate clerk
informed Appellant that the time to file the opening
brief expired on May 5, 2007 and that the matter would be brought to
the attention of the court on June 29, 2007 for such
action as the court deems proper and the appeal may be dismissed
pursuant to Hawai`i Rules of Appellate Procedure
(HRAP) Rule 30; (6) Appellant did not file the opening brief or seek
relief from default. Therefore,
IT IS HEREBY
ORDERED that the appeal is dismissed pursuant to HRAP Rule 30.
DATED: Honolulu,
Hawai`i, August 14, 2007.