No. 30295 – Wednesday, March 30, 2011, 11:00 a.m.

STATE OF HAWAI`l Plaintiff-Appellee, vs. MILES D. JENKINS, JR, Defendant-Appellant.

Attorney(s) for Defendant-Appellant
Timothy I. MacMaster

Attorney(s) for Plaintiff-Appellee

Keith M. Kaneshiro, Prosecuting Attorney and Brian R. Vincent, Deputy Prosecuting Attorney, City & County of Honolulu

COURT: Nakamura, CJ; Foley and Reifurth, JJ.

SPECIAL NOTE: The above argument was held at:

UNIVERSITY OF HAWAI`I AT MĀNOA
WILLIAM S. RICHARDSON SCHOOL OF LAW
MOOT COURT COURTROOM
2515 DOLE STREET
HONOLULU, HI 96822

[Listen to the entire audio recording in mp3 format]

Brief description:

Defendant-Appellant Miles D. Jenkins, Jr., (Jenkins) was charged with excessive speeding for driving his vehicle thirty miles per hour or more over the speed limit, in

violation of Hawaii Revised Statutes § 291C-105 (2007). After a bench trial, Jenkins was found guilty as charged. Jenkins appeals his conviction. On appeal,

Jenkins argues: (1) the charge was defective for failure to allege that the offense was committed intentionally, knowingly, or recklessly; (2) the officer’s testimony about the contents of the laser gun manual violated the “Best Evidence Rule,” Hawaii Rules of Evidence Rule 1002 (1993); (3) an insufficient foundation was laid for the admission of the laser gun reading; and (4) there was insufficient evidence to support his conviction.