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*** NO T FO R PUBLICATION ***
NO. 25765 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MICHAEL A. TE#O, Petitioner-Appellant vs. STATE OF HAWAI#I, Respondent-Appellee APPEAL FROM THE FIRST CIRCUIT COURT (S.P.P. NO. 02-1-0092) 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 letter dated October 31, 2003 that the time for filing the opening brief expired on October 21, 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. Appellant having failed to respond to said letter or to otherwise oppose dismissal, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, January 20, 2004.



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