*** NOT FOR PUBLICATION ***


NO. 26908



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee


vs.


RODERICK JOHNSON, Defendant-Appellant



APPEAL FROM THE FIRST CIRCUIT COURT
(S.P. NO. 04-1-0167)



ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

On March 31, 2005, this court ordered Appellant Roderick Johnson, pro se, to either file the statement of jurisdiction and opening brief in the above entitled matter or an appropriate dismissal of the appeal within 30 days from the date of the order. Appellant having failed to comply and it appearing that the statement of jurisdiction and opening brief are in default,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, June 8, 2005.