NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 28721





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I






STATE OF HAWAI‘I, Plaintiff-Appellee,

v.

ANTHONY PETERSON, Defendant-Appellant.







APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(HPD Traffic Nos. 5329838MO; 5353976MO;
5359735MO; 5409765MO; 5550632MO)






ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30
(By: Recktenwald, C.J., Watanabe and Nakamura, JJ.)

Upon review of the record, it appears that:

(1) Defendant-Appellant Anthony Peterson filed a notice of appeal on August 3, 2007; (2) on October 29, 2007, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on November 8, 2007 and the opening brief was due on December 8, 2007;

(3) Appellant did not file the jurisdictional statement or the opening brief; (4) on January 11, 2008, the appellate clerk informed Appellant that: (a) the time to file the statement of jurisdiction and the opening brief expired; (b) the matter would be brought to the attention of the court on January 18, 2008 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (5) Appellant did not file the statement of jurisdiction and 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, February 12, 2008.