Kaohu v. State ( 2010 )

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Nof 29450 IN THE INTERMED IATE coURT oF APPEALS oF THE sTATE oF HAWAI‘I WILLIAM KAOHU, SR., Petitioner-Appellant,; » v. 1 l STATE OF HAWAfI,cRespondent-Appellee : C€.> €34=9 !»W ZZ M<£W|BZ APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (S.P.P. NO. 08-l~OOO3K (Cr. NO. 06-1-Ol74)) ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30 (By: Nakamura, C.J., Foley and Leonard, JJ.) Upon review of the record, it appears that: (l) on October 28, 2008, Defendant-Appellant william Kaohu, Sr. (Appellant) filed a notice of appeal; (2) the court granted Appellant three extensions of time to file the opening brief, and the opening brief was finally due on January l5, 20l0; (3) Appellant did not file the opening brief; (4) on January 22, 2010, the appellate clerk informed Appellant that: (a) the time to file the opening brief expired; (b) the matter would be called to the attention of the court on February l, 2010 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 opening brief or seek relief from default. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 30. 1 DATED: Honolulu, Hawafi,'April 22q 2010- £@,'¢K%Z¢,,W».,_ Chief Judge s Q €``Ef;'£§``l$m;:§