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NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
No. 29823
IN THE INTERMEDIATE coURT oF APPEALS
oF THE STATE oF HAWAI‘I
sTATE oF HAwArI, P1aintiff-Appe11ee, v.
JOHN D. EDDINGTON, Defendant-Appellant
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APPEAL FROM THE DIS'I’RICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CaSe NO. lDTC-O8-O-’-l5099)
SUMMARY DISPOSITION ORDER
(By: Foley, Presiding Judge,
Fujise and Leonard, JJ.)
Defendant-Appellant John D. Eddington (Eddington)
appeals from the Judgment filed on April l7,
2009 in the District
Court of the First Circuit, Honolulu Division (district court).1
The district court found Eddington guilty of Excessive Speeding,
in violation of Hawaii Revised Statutes § 29lC-lO5(a)(l) (2007
Repl. & Supp. 2009).
On August 8, 2008, Officer Maeshiro cited Eddington for
driving 68 miles per hour on a public roadway with a speed limit
of 35 miles per hour. Officer Maeshiro determined Eddington's
speed by using the LTI 20/20 hand-held laser speed detection unit
(laser gun).
On February 27, 2009, Eddington filed Defendant's
Motions [sic] in Limine. Eddington requested an order requiring
the state of Hawafi (state)
to show among other things that
Officer Maeshiro had been properly trained and that "the pre-
operational checking procedures recommended by the manufacturer
of the laser speed detector be shown to have been made by the law
enforcement officer ." The district court denied
Defendant's Motions in Limine on April l7, 2009.
On appeal, Eddington argues that (l) the district court
erred in denying his Motion to Compel Discovery or in the
Alternative, Motion to Dismiss for violation of Rule 16(b) and
1 The Honorable Faye Koyanagi presided.
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NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
(c) of the Hawafi Rules of Penal Procedure; (2) the district
court erred in admitting into evidence the results of the laser
gun without sufficient foundation; and (3) without the evidence
of the laser gun results, there was insufficient evidence to
convict Eddington. The State concedes that it failed to lay
sufficient foundation for admission of the laser gun speed
reading.
At trial, Officer Maeshiro could 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, In the absence
of an adequate foundation establishing the accuracy and
reliability of the laser gun, the laser gun reading should not
have been admitted into evidence. State v. Assaye, 121 HawaFi
204, 210-l4, 216 P.3d l227, l233~37 (2009). WithOut evidence of
the laser gun reading, there is insufficient evidence to convict
Eddington of Excessive Speeding. we need not address Eddington's
other point of error.
Therefore,
IT IS HEREBY ORDERED that the Judgment filed on
April l7, 2009 in the District Court of the First Circuit,
Honolulu Division, is reversed.
DATED: Honolulu, HawaFi, June 3, 20lO.
On the briefs: \ f_`
Craig W. Jerome, ` <12;WAlL¢6z:Y`
Deputy Public Defender, Presiding Judge
for Defendant-Appellant.
Anne K. Clarkin, s
Deputy Prosecuting Attorney, Associate Judge
City and County of Honolulu, '
for Plaintiff-Appellee.