State v. KOTANI

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NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 300l2

IN THE INTERMEDIATE COURT OF APPEALS

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C?.‘.‘i$

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OF THE STATE OF HAWAITI §§

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sTATE oF HAwAfI, P1aintiff-Appe11ee, v. yW
JORDAN N. KOTANI, Defendant-Appellant §§

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APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUTT ca

HONOLULU DIVISION
(Case No. lDTC-08-O578l3)
SUMMARY DISPOSITION ORDER
(By: Foley, Presiding J., Fujise and Leonard, JJ.)
Defendant-Appellant Jordan N. Kotani (Kotani) appeals

from the Judgment entered on July 2l, 2009 in the District Court

of the First Circuit, Honolulu Division

(district court).1

Kotani was convicted of Excessive Speeding,
violation of Hawaii Revised Statutes
2009).

in

(HRS) § 29lC-lO5(a)(l) (l993

& Supp.

On appeal, Kotani contends the district court erred by

admitting the laser~gun reading into evidence over his objection
because it lacked proper foundation in accordance with State v.

Assaye, 216 P.3d 1227

The State of HawaFi (State)

121 HawaFi 204, (2009).

concedes there was
insufficient evidence to convict Kotani of Excessive Speeding,

but argues there was sufficient evidence to support a finding for

the State with respect to the included traffic infraction of

Speeding, in violation of HRS § 29lC-lO2(a)(1) (1993).

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, as

well as the relevant statutory and case law, we resolve Kotani's
points of error as follows:

1 The Honorable Faye M. Koyanagi presided.

GH"'?M

NO_T FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

There was insufficient evidence to convict Kotani off
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. Assaye, 121 HawaFi at
214, 216 P.3d at 1237.1 Without this evidence, there was
insufficient evidence to support Kotani's conviction for
Excessive Speeding.

The State's reliance upon Officer Kam's testimony that
he saw Kotani's car "pulling away from the other vehic1es" does
not provide sufficient proof that Kotani was traveling in excess
of the posted speed limit of 45 miles per hour. Therefore, there
is also insufficient evidence that Kotani violated HRS § 291C~
lO2. 7

Therefore,

IT IS HEREBY ORDERED that the Judgment entered on
July 21, 2009, in the District Court of the First Circuit,
Honolulu Division, is reversed.

DATED: Honolulu, Hawafi, June 21, 2010.

On the briefs:

Brian A. Costa - \ %'/
James A. DeLacy .
(Costa & DeLacy, LLLC) Presiding Judge
for Defendant-Appellant.

Brian R. Vincent,

Deputy Prosecuting Attorney,
City and County of Honolulu,
for Plaintiff-Appellee.