Kaohu v. State

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER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