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*** NO T FO R PUBLICATION ***
NO. 25943 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. JOHN BYRON PACE, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT (CITATION NO. 1465688MH) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that this court informed Appellant by letters dated October 24, 2003 and November 21, 2003 that the time for filing the statement of jurisdiction expired on October 12, 2003 and the time for filing the opening brief expired on November 11, 2003 and that, pursuant to Rule 30 of the Hawai#i Rules of Appellate Procedure, the matter would be called to the attention of the court for such action as the court deemed proper including dismissal of the appeal. dismissal, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, December 23, 2003. Appellant having failed to respond to said letters or to otherwise oppose



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