State v. Marshall

Opinion of the Court by

FOLEY, J.

Defendant-Appellant Thomas W. Marshall (Marshall) appeals from the Judgment entered on November 30, 2005 in the District Court of the First Circuit, Honolulu Division 1 (district court). The district court convicted Marshall of one count of Operating a Vehicle Under the Influence of an Intoxicant (OVUII), pursuant to Hawaii Revised Statutes (HRS) § 291E-61(a)(l) and (a)(3) (Supp. 2005). 2

On appeal, Marshall argues that the district court erred when it(1) “admitted the sworn statements of the intoxilyzer supervisor into evidence”;(2) “admitted evidence of the…