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PLOUFF v. STATE

No. 14-04-00268-CR.

192 S.W.3d 213 (2006)

Kenny Michael PLOUFF, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

March 30, 2006.

Attorney(s) appearing for the Case

W. Troy McKinney, Houston, for appellants.

Jerilynn K. Yenne, Angleton, for appellees.

Panel consists of Chief Justice HEDGES, and Justices FOWLER and FROST.

SUBSTITUTE OPINION

KEM THOMPSON FROST, Justice.

We overrule appellant's motion for rehearing. We withdraw the opinion issued in this case on October 18, 2005, and we issue this substitute opinion in its place.

Appellant Kenny Michael Plouff challenges his conviction for misdemeanor driving while intoxicated ("DWI"). He contends the trial court erred in admitting evidence of the horizontal gaze nystagmus ("HGN"), walk-and-turn, and one-leg stand tests...

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