State v. Yake, CAAP-21-0000332

CourtCourt of Appeals of Hawai'i
Citation151 Hawai‘i 167,509 P.3d 1130 (Table)
Docket NumberCAAP-21-0000332
Parties STATE of Hawai‘i, Plaintiff-Appellee, v. Adrianna Dawn YAKE, Defendant-Appellant.
Decision Date25 May 2022

151 Hawai‘i 167
509 P.3d 1130 (Table)

STATE of Hawai‘i, Plaintiff-Appellee,
v.
Adrianna Dawn YAKE, Defendant-Appellant.

NO. CAAP-21-0000332

Intermediate Court of Appeals of Hawai‘i.

May 25, 2022


On the briefs:

Aubrey M.M. Bento, Deputy Public Defender, for Defendant-Appellant.

Stephen L. Frye, Deputy Prosecuting Attorney, County of Hawai‘i, for Plaintiff-Appellee.

(By: Ginoza, Chief Judge, Wadsworth and McCullen, JJ.)

SUMMARY DISPOSITION ORDER

Defendant-Appellant Adrianna Dawn Yake appeals from the District Court of the Third Circuit's May 11, 2021 "Judgment and Notice of Entry of Judgment"1 convicting Yake of Excessive Speeding, pursuant to Hawaii Revised Statutes (HRS) § 291C-105(a)(2) (2020).2 On appeal, Yake challenges the admission of Hawai‘i County Police Department Officer Kimo Keli‘ipa‘akaua's (Officer Keli‘ipa‘akaua ) speed-reading testimony for lack of foundation. Specifically, Yake contends that "[t]here is nothing in the record to suggest that his training was in accordance with [the manufacturer's] requirements."

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, we resolve Yake's appeal as follows, and affirm.

As an initial matter, however, Yake fails to cite in her point of error where in the record a specific objection to the speed-reading testimony was made. Hawai‘i Rules of Appellate Procedure Rule 28(b)(4) (requiring that each point shall state "where in the record the alleged error was objected to or the manner in which the alleged error was brought to the attention of the court" and that "[p]oints not presented in accordance with this section will be disregarded, except that the appellate court, at its option, may notice a plain error not presented"); see also State v. Long, 98 Hawai‘i 348, 353, 48 P.3d 595, 600 (2002) (affirming that "a ‘lack of foundation’ objection generally is insufficient to preserve foundational issues for appeal because such an objection does not advise the trial court of the problems with the foundation").

Even if Yake did not waive this issue,...

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