State v. Bonds

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 29982
.IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAfI

93 35 %W 31 ,WHBI§Z

STATE OF HAWAfI, Plaintiff-Appellee, v. &V
GARY S. BONDS, Defendant¢Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST ClRCUIT
HONOLULU DIVISION
(Case No. lDTC-08-O462l4)

SUMMARY DISPOSITION ORDER

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

(Bonds) appeals from

Defendant~Appellant Gary S. Bonds

the Judgment filed on July 6, 2009 in the District Court of the

First Circuit, Honolulu Divisionl
The district court convicted Bonds of Excessive
(2007 Repl. &

(district court).

Speeding, in violation of HRS § 291C-lO5(a)(l)

Supp. 2009).

On appeal,
its discretion by denying his motion to compel discovery and

(1) abused

Bonds contends the District Court

(2) erred in admitting the laser gun reading without adequate
foundation? where the State of Hawai‘i (State) failed to

establish that (a) the laser gun used by Officer Rosalez had been
tested according to the manufacturer's accepted procedures, and

(b) Officer Rosalez was qualified by training and experience to

operate the laser gun.
The State concedes that it failed to lay sufficient

foundation for admission of the laser gun speed reading.
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

V The Honorable Faye Koyanagi presided.

w Bond's counsel entered a foundation objection to the speed reading.

GB"H_-£

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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

The record is sufficient to review Bonds's point of
error that the State failed to adduce sufficient evidence that
the laser gun had been tested according to the manufacturer's
recommended procedures to establish sufficient foundation for the
laser gun reading.

Officer Rosale2 did not testify that the laser gun was
tested in accordance with the manufacturer's specifications.
Therefore, the State failed to adduce sufficient evidence
regarding the accuracy of the laser gun, and the laser gun
reading should not have been admitted into evidence. State v.
Assaye, l2l HaWafi 204, 2lO-l4, 216 P.3d l227, 1233-37 (2009).
Without evidence of the laser gun reading, there is insufficient
evidence to convict Bonds of Excessive Speeding. we need not
address Bonds' other point of error.

Therefore, v

IT IS HEREBY ORDERED that the Judgment filed on July 6,
2009 in the District Court of the First Circuit, Honolulu
Division, is reversed.

DATED; Honolulu, Hawai‘i, May 18, 2010.

On the briefs:

Craig W. Jerome, ~ '“’
Deputy Public Defender, . -%;~

for Defendant-Appellant. v Presiding Judge

City and County of Honolulu,

Delanie D. Prescott-Tate,
Deputy Prosecuting Attorney, 625 2 -.

for Plaintiff-Appellee. Associate Judge