State v. EBUENG

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 298l2
IN THE INTERMEDIATE COURT OF APPEALS §§
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oF THE STATE oF HAWAI‘I

STATE OF HAWAl‘I, Plaintiff-Appellee, v. §§
y LARRY F. EBUENG, Defendant-Appellant §W
n, 53
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APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT

HONOLULU DIVISION
(HPD TRAFFIC NO. lDTC-O8~45095
SUMMARY DISPOSITION ORDER

(By: Nakamura, Chief Judge, Foley and Leonard, JJ.)

Defendant-Appellant Larry F. Ebueng (Ebueng) appeals

from the judgment entered on April 8, 2009 in the District Court

of the First Circuit, Honolulu Division (District Court).W

Ebueng was convicted of Excessive Speeding, in violation of HRS §
2009).

Ebueng contends,

291C»lO5(a)(l) (Supp.
On appeal,

District Court erred by denying his motion in limine because the

inter alia, that the

State failed to adduce the requisite foundation for admissibility

of the laser gun speed reading. Ebueng argues that "[t]he State

failed to adduce sufficient evidence to prove every element of

the offense beyond a reasonable doubt."
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 Ebueng's points of error as follows:

As the State acknowledges on appeal, 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.

l/ The Honorable Lenore Lee presided.

3/ Ebueng objected to evidence of the laser gun reading.

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NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

ASSaye, l2l HaWaifi 204, 2lO~l4, 216 P.3d l227, l233~37 (2009).
Without the laser gun reading, there was insufficient evidence to
convict Ebueng of Excessive Speeding. Accordingly, we need not
address Ebueng's other points of error.
For this reason, the District Court's April 8, 2009

judgment is reversed.

DATED: Honolulu, HawaFi, February 25, 20l0.

On the briefs: §§ .)z(/ § ;

Jon N- Ikenaga Chief Judge
for Defendant~Appellant .

CQ.;@WQ/l:
Anne K. Clarkin, Esq.

for Plaintiff~Appellee Associate Jud¢=