HARTSOCK v. STATE

No. 2-09-305-CR.

322 S.W.3d 775 (2010)

Debra HARTSOCK, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

August 19, 2010.


Attorney(s) appearing for the Case

J. Stanley Goodwin , Denton, TX, for Appellant.

Paul Johnson , Criminal District Attorney, Charles E. Orbison , Chief Appellate Section, Rebecca L. Lively , Forrest Beadle and Kim Laseter , Assistant District Attorneys, Denton, TX, for Appellee.

PANEL: GARDNER, McCOY, and MEIER, JJ.


OPINION

ANNE GARDNER, Justice.

I. Introduction

Appellant Debra Hartsock appeals from her conviction for driving while intoxicated. In her sole point, Appellant contends that the admission of a DVD—showing a person's eyes with and without nystagmus—as demonstrative evidence was reversible error because the State failed to establish the scientific reliability of the Horizontal Gaze Nystagmus (HGN) test performed on the DVD. We will...

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