NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29583





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Plaintiff-Appellee, v.
CHAD GUEVARRA, Defendant-Appellant





APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(CASE NO. 3P108-00549)




ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon review of the record, it appears that: (1) Defendant Chad Guevarra (Appellant) filed a notice of appeal on January 12, 2009; (2) on March 13, 2009, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on March 23, 2009 and the opening brief was due on April 22, 2009; (3) Appellant did not file the statement of jurisdiction or the opening brief; (4) on May 8, 2009, 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 May 15, 2009 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; (5) Appellant did not file the statement of jurisdiction and 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, June 17, 2009.