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SHAW v. STATE

No. 5D00-851.

783 So.2d 1097 (2001)

David L. SHAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 9, 2001.

Attorney(s) appearing for the Case

Douglas R. Beam of Douglas R. Beam, P.A., Melbourne, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING OR CLARIFICATION

COBB, J.

The state has moved for rehearing or clarification of our decision reversing the defendant's conviction for felony driving under the influence. The state challenges one aspect of the decision, our determination that Horizontal Gaze Nystagmus (HGN) evidence was improperly presented at trial. We find the state's motion to be meritorious and accordingly withdraw our previous opinion and substitute the...

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