LAW L£BRARV
NoT FOR PUBLICATION lN WEST'S HAWAI‘I REPGRTS AND PACIFIC REPORTER
No. 29891.
IN_THE INTERMED1ATE coURT oF APPEALs
oF THE sTATE oF HAwArI
STATE OF HAWAfI, Plaintiff-Appellee, v.
SCOTT E. MCKELLAR, Defendant-Appellant
=L %N 98 MFN @ii"il
UB"H.:£
APPEAL FRoM THE DIsTRIcT coURT oF THE FIRsT cIRcUIT
~ HoNoLULU DIvIsIoN
(cAsE No. 1DTC-08-045782)
SUMMARY DISPOSITION ORDER
(By: Nakamura, Chief Judge, Leonard, J.,
and Circuit Court Judge Kim, in place of
Foley and Fujise, JJ., all recused)
Defendant-Appellant Scott E. McKellar (McKellar)
appeals from the Judgment entered on May 22, 2009 in the District
Court of the First Circuit, Honolulu Division (District Court).y
McKellar was convicted of Excessive Speeding, in violation of HRS
§ 29lC-lO5(a)(l) (2007).
On appeal, McKellar contends that the District Court
erred by admitting, over objection,W the laser speed reading of
McKellar's vehicle because the State failed to adduce the
requisite foundation for admissibility 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, we
resolve McKellar's point 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
- The Honorable T. David Woo presided.
McKellar objected on the ground of lack of foundati0n.
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
sufficient foundation for the laser gun reading. §§e State v.
AsSaye, l2l HaWaiU_204, 210-l4, 216 P.3d l227, l2§3-37 (2009).
Without the laser gun reading, there was insufficient evidence to
convict McKellar of Excessive Speeding.
For this reason, the District Court's May 22, 2009
Judgment is reversed. 0 0
DATED: Honolulu, Hawai°i, May l3, 20lO.
On the briefs: §§ . 1;{
Anne K. Clarkin Chief Judge
Deputy Prosecuting Attorney
for Plaintiff-Appellee
Earle A. Partington
for Defendant-Appellant
Acting Associate Judge