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ROBINSON v. STATE

No. 1D06-5840.

982 So.2d 1260 (2008)

Robert ROBINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 2, 2008.

Attorney(s) appearing for the Case

David W. Collins of the Law Office of David W. Collins, Monticello, for Appellant.

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.

BENTON, J.

Robert Robinson appeals his conviction for causing serious bodily injury while driving under the influence of alcohol, in violation of section 316.193(3), Florida Statutes (2003). He contends the trial court erred by allowing lay opinion testimony about the significance of horizontal gaze nystagmus (HGN) test results. The State concedes error but argues that the error was harmless. We reverse and remand for a new trial.

There is no real dispute...

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