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State v. Fukagawa12/30/2002
ances were not in controversy, i.e. the charge of driving under the influence of intoxicating liquor and a BAC of 0.135, and recovery of the glass pipe at the time of Defendant's booking. Accordingly, Defendant carried his burden of proof.
XIV.
Considering the evidence adduced at the hearing and the lack of any challenge to Read's credibility, I conclude the court's denial of Defendant's motion exceeded the bounds of reason. Therefore, in my view, the court's July 12, 1999 order denying Defendant's motion, and the August 31, 1999 judgment and sentence insofar as it relates to Count II, should be reversed.
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