State v. Giron

NOT FOR .PL?"BLICA'I`!ON lN WEST'S HAWAI°I REPORTS AND PACI FIC R.EPOR'I`ER

NO. 2970O

IN THE INTERMEDIATE COURT OF APPEALS

oF THE sTATE oF HAwA:U:

sTATE oF HAwAr:, P1aintiff-Appe11ee, v. gm
FRANK TORRES GIRON, JR., Defendant~Appellant _y; §§

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(HPD TRAFFIC NO. lDTC-08-04578l)

SUMMARY DISPOSITION ORDER
(By: Nakamura, Chief Judge, Fujise and Leonard, JJ.)

Defendant-Appellant Frank Torres Giron, Jr. (Giron)
appeals the judgment entered on February l7, 2009 in the District
Court of the First Circuit, Honolulu Division (District Court).F
Giron was convicted of Excessive Speeding, in violation of HRS §
29ic-105(a>(1) <supp. 2009).

On appeal, Giron contends that the District Court erred
when it: (l) denied his motion in limine because the State
failed to adduce the requisite foundation for admissibility of
the laser gun speed reading; and (2) denied his motion to compel
discovery. Giron argues that "as there was insufficient
foundation laid for Officer Maeshiro's testimony as to Giron's
alleged speed, his conviction must be vacated and the case
remanded for an order striking all of Officer Maeshiro's
testimony as to the alleged speed of his vehicle and dismissing
this case with prejudice."

Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to
the arguments advanced and the issues raised by the parties, we

resolve Giron’s points of error as follows:

l/ The Honorable Paula Devens presided.

N(_)'l` F()R PUMBLICATION IN WEST'S HAWAI‘[ REPORTS AND PAC,II<"IC REP()RTER

The State failed to adduce evidence that the laser gun
was tested according to the manufacturer’s recommended procedures
in order to establish sufficient foundation for the laser gun
reading.W See State v. AssaVe, 121 Hawafi 204, 2l0~l4, 216 P3d
l227, l233~37 (2009). without the laser gun reading, there was
insufficient evidence to convict Giron of Excessive Speeding. We
need not address Giron‘s other point of error.

For this reason, the District Court’s February l7, 2009
judgment is reversed.

DATED: Hon@lulu, Hawai‘i, February 18, 2010.

On the briefs: 52 ~z¥, §§ ;

Jon N. Ikenaga Chief Judge
Deputy Public Defender
for Defendant-Appellant

Brian R. Vincent
Deputy Prosecuting Attorney
for Plaintiff-Appellee

- Giron objected to evidence of the laser gun reading.

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