State v. Martinez (Summary Disposition Order)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

---

NO. 29119

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee, v.
SONIA L.K. MARTINEZ, Defendant-Appellant




APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
WAHIAWA DIVISION
(HPD TRAFFIC NO. 1DTC-07-043103)




SUMMARY DISPOSITION ORDER
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Defendant-Appellant Sonia L. K. Martinez (Martinez) appeals the judgment filed on March 27, 2008 in the District Court of the First Circuit, Wahiawa Division (District Court). ⁽¹⁾ Martinez was convicted of Excessive Speeding, in violation of HRS § 291C-105(a)(2) (Supp. 2007). On appeal, Martinez contends, inter alia, that the State failed to adduce the requisite foundation to establish the accuracy of the laser gun that was used.

Upon careful review, we resolve Martinez's points of error as follows:

There was insufficient evidence to convict Martinez of Excessive Speeding because the State failed to adduce evidence that the laser gun was tested according to the manufacturer recommended procedures in order to establish sufficient foundation for the laser gun reading. State v. Assaye, No. 29078, 2009 WL 3112426, at *6-11 (Haw. Sept. 30, 2009). Accordingly, we need not address Martinez's other point of error.

IT IS HEREBY ORDERED THAT the District Court's March 27, 2008 judgment is reversed.

DATED: Honolulu, Hawai‘i, October 21, 2009.

On the briefs:

Christian G. Enright
Deputy Public Defender
for Defendant-Appellant

Stephen K. Tsushima
Deputy Prosecuting Attorney
for Plaintiff-Appellee

1.      The Honorable James Dannenberg presided.