State v. Pinho (Order Dismissing Appeal)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

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NO. 28153

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

STATE OF HAWAI`I, Plaintiff-Appellee,

v.

GLENN L. PINHO, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CRIMINAL NO. 05-1-0110)

ORDER DISMISSING APPEAL

(By: Watanabe, Presiding Judge, Foley and Nakamura, JJ.)

Upon review of the record, it appears that: (1) on September 18, 2006, Defendant-Appellant Glenn Louis Pinho filed a notice of appeal; (2) on November 17, 2006, the appellate court filed a notice of entering case on calendar and notified Appellant that the statement of jurisdiction was due on November 27, 2006 and the opening brief was due on December 27, 2006; (3) Appellant did not file the statement of jurisdiction or opening brief; (4) on February 16, 2007, the appellate clerk informed Appellant that the time for filing the statement of jurisdiction and the opening brief expired, and that, pursuant to Rule 30 of the Hawai`i Rules of Appellate Procedure (HRAP), the matter would be called to the attention of the court on February 23, 2007 for such action as the court deemed proper and the appeal may be dismissed; and (5) Appellant did not file the statement of jurisdiction and the opening brief, or otherwise respond to the notice of default. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 30.

DATED: Honolulu, Hawai`i, May 30, 2007.