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HARMON-HORTON v. STATE

No. 1D11-92.

91 So.3d 931 (2012)

Heather Leigh HARMON-HORTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 9, 2012.

Attorney(s) appearing for the Case

Wilson Jerry Foster , Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Jay Kubica , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

MAKAR, J., concurring.

I concur in affirming the trial court, which denied a motion for mistrial in this DUI case in which the arresting officer testified he performed a Horizontal Gaze Nystagamus (HGN) test and the prosecutor's comments in closing argument overstated the officer's testimony. Both the arresting officer's testimony and the prosecutor's comments run afoul of this Court's decision in Robinson v. State,

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