LAW L|BRARY NoT Fok PUBLICATIQN IN WEST'S HAWAI‘I REPQRTS AND PACIFIC REPQRTER NO. 30077 IN THE INTERMEDIATE COURT OF APPEALS ”?L.:§ oF THE STATE oF HAWAI‘I

99‘9 W m wnremz sTATE oF HAWAI‘I, Plaintiff-Appellee, v JOHNNY T. TAPUSOA, Defendant~Appellant APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION 2 (CASE NO. lDTC~O8-O44459) SUMMARY DISPOSITION ORDER Chief Judge, Foley and Leonard, JJ.) (By: Nakamura, Defendant-Appellant Johnny T. Tapusoa (Tapusoa) appeals 2009, in the District from the Judgment, entered on August 26, (District Court).W Court of the First Circuit, Honolulu Division in violation of Tapusoa was convicted of Excessive Speeding, (Supp. 2009). inter alia, that there was Hawaii Revised Statutes § 291C-105 On appeal, Tapusoa contends, insufficient evidence to establish the accuracy of the laser gun P.3d in accordance with State v. Assaye, 121 HawaiH.204, 1227 (2009).

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 Tapusoa's points of error as follows: As the State acknowledges on appeal, there was insufficient evidence to convict Tapusoa of 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 see Assaye, 121 Hawai‘i at 214, 216 P.3d at 1237. reading. there was insufficient evidence to support Without this evidence, The H0norable Leslie Hayashi presided.

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Tapusoa's conviction for Excessive Speeding.W We need not address Tapusoa's other point of error.

For this reason, the District Court's August 26, 2009 Judgment is reversed.

DATED: Honolulu, HawaFi, June l7, 20lO. on the briefe=

Taryn R. Tomasa Chief Judge Deputy Public Defender - for Defendant-Appellant C;;§%Aé%%K¥;> Delanie D. Prescott-Tate Associate Judge _ Deputy Prosecuting Attorney ' for Plaintiff-Appellee -2-/ The evidence was admitted over the objection of the defense based on lack of foundation and lack of scientific evidence.