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STATE v. GORDON

No. 5226.

408 S.C. 536 (2014)

759 S.E.2d 755

The STATE, Appellant, v. Cody Roy GORDON, Respondent.

Court of Appeals of South Carolina.

Decided April 23, 2014.

Withdrawn, Substituted, and Refiled June 11, 2014.

Attorney(s) appearing for the Case

Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin , both of Columbia, for Appellant.

Keith G. Denny , of Keith G. Denny, P.A., of Walhalla, for Respondent.

KONDUROS, J.

The State appeals the circuit court's reversal of the magistrate court's conviction of Cody Roy Gordon for driving under the influence (DUI). It contends the circuit court erred in finding the State did not comply with section 56-5-2953(A) of the South Carolina Code (Supp.2013) because Gordon's head was not visible on the required recording during one of the field sobriety tests administered. We affirm in part...

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