State v. Botelho

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NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PAC[FIC REPORTER

NO. 300l9

IN THE lNTERMEDIATE COURT OF APPEALS

oF THE sTATE oF HAwA1‘1

sTATE oF HAwA1T,

Plaintiff-Appellee, v.
WAYNETTE W. BOTELHO, Defendant-Appellant

APPEAL FRoM THE D1sTR1cT c0URT oF THE F1RsT c1Rc _
‘EwA D1v1s1oN 31
(caSe NO. 1DTc-03-052143)

SUMMARY DISPOSITION ORDER
(By: Fujise,

Presiding Judge,

Leonard and Reifurth, JJ.)
Defendant-Appellant Waynette W. Botelho
appeals the judgment,

(Botelho)
entered on July l,

2009, in the District
Court of the First Circuit,‘Ewa Division (district court).1
Botelho was convicted of Excessive Speeding,

in
violation of Hawaii Revised Statutes (HRS) § 29lC~lO5 (2007 and
Supp. 2009).

by

OH

(l)

On appeal,2 Botelho contends the district court erred
denying her Motion to Compel and (2) convicting her based
insufficient evidence to establish the accuracy of the laser
gun in accordance with State v. Assaye,
l227 (2009).

121 HawaiH_204, 216 P.3d
The State agrees that there was insufficient

foundation for the laser gun reading under Assaye.

Based on our review of the evidence presented, we

conclude there was insufficient 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. Assaye,

121 Hawafi at 214,
this evidence,

2l6 P.3d at l237. WithOut
there was insufficient evidence to support

1

2

The Honorable Faye M. Koyanagi presided.
reading.

At trial, Botelho objected to the evidence of the laser gun's speed

Q§'"*.M

' Deputy Prosecuting Attorney,

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Botelho's conviction for Excessive Speeding. We need not address
Botelho's other point of error.

Therefore,

IT IS HEREBY ORDERED that the judgment, entered on
truly 1, 2009, in the District court of the First circuit, ‘Ewa
Division is reversed.

DATED: Honolulu, Hawafi, June 22, 20lO.

On the briefs:

Jennifer D.K. Ng, w ~ .

Deputy Public Defender,
for Defendant-Appellant. Presiding Judg

Delanie D. Prescott-Tate,

City and County of Honolulu,
for Plaintiff~Appellee.

jO\MN/r\ttm 14

Associate Judge