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State of Hawaii v. Freddie Lee Woodard

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


July 25, 2011

STATE OF HAWAII,
PLAINTIFF-APPELLEE,
v.
FREDDIE LEE WOODARD, DEFENDANT-APPELLANT

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT (CASE NO. 3DTI-10-060924)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30

(By: Nakamura, C.J., Foley and Reifurth, JJ.)

Upon review of the record, it appears that:

(1) on February 25, 2011, this court issued an order directing Defendant-Appellant Freddie Lee Woodard (Appellant) to file the opening brief within forty days after the clerk of the district court transmits the supplemental record on appeal to the appellate clerk; (2) the district court clerk filed the supplemental record on appeal on April 4, 2011; (3) Appellant did not file the opening brief within forty days after the supplemental record was filed; (4) on June 28, 2011, the appellate clerk provided notice to Appellant that: (a) the time to file the opening brief expired; (b) the matter would be called to the attention of the court on July 5, 2011; and (c) the appeal may be dismissed pursuant to Hawaii Rules of Appellate Procedure (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.

Chief Judge

Associate Judge

Associate Judge

20110725

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