IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
July 25, 2011
STATE OF HAWAII,
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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER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.
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