Gualdarama v. State

NOT 'FO`R PUBLI'CA'I"I_ON IN WEST'S I~IAWAI‘I R.EPO'RTS AN]) PAC'I.F!C REP()RTER

NO. 29074

,r §§
IN THE INTERMEDIATE COURT CF APPEALS §§
co
3

oF THE sTATE oF HAwA:fr §§ ap

N3 §§

GENARO GUALDARAMA, Petitioner-Appellant, §§ §§

STATE OF HAWAfl, Respondent~Appellee. 55 as
90
ca

APPEAL FRoM was c:RcU:T coURT oF THE F:RsT c:RcU:T
<sPP No. 06~i-0045)

ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30
C.J., Foley and Leonard, JJ.)

(By: Nakamura,
it appears that:

Upon review of the record,
Petitioner-Appellant Genaro Gualdarama (Appellant) filed a

2008; (2) On May l6, 2008, the

(l)
notice of appeal on March l7,
appellate clerk filed a notice of entering case on calendar and

notified Appellant the jurisdictional statement was due on
2008;

and the opening brief was due on June 25,

May 26, 2008,

after the court granted Appellant two extensions of time,
2008;

(3)
Appellant filed the jurisdictional statement on August 28,

(4) the court granted Appellants numerous extensions of time to

(5) after the last extension, the brief

file the opening brief;
(6) Appellant did not file the

2009;
2009, the

became due October l5,
(7) on October 23,

opening brief on the due date;
the time to file the

(a>

appellate clerk informed Appellant:
(b) the matter would

opening brief expired on October l5, 2009;

be brought to the attention of the court on October 30, 2009 for
and (c) the appeal may be

such action as the court deems proper;
dismissed pursuant to Hawafi Rules of Appellate Procedures
(HRAP) Rule 30; (8) Appellant did not file the opening brief or

seek relief from default. Therefore,

NO’I` ‘F()R PLFB_LI(JATION IN` WES'I"S HA.\‘\/Afl"lf REPORTS ANI) PACIFIC RIBP()R'I`F,}Z
IT 18 HEREBY ORDERED that the appeal is dismissed
purSuant to HRAP Rule 30.

DATED: H0n0lulu, Hawai‘i, January 22, 2010.

&,f/zf. %/m&_

Chief Judge

@&@/rw“
Ass0ci.te Judge
AN._ m

1 s