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STATE v. ALZAGA

No. 18-149.

221 A.3d 378 (2019)

2019 VT 75

STATE of Vermont, v. Paul R. ALZAGA.

Supreme Court of Vermont.

October 4, 2019.

Attorney(s) appearing for the Case

David Tartter , Deputy State's Attorney, Montpelier, for Plaintiff-Appellee.

Matthew Valerio , Defender General, and Dawn Matthews , Appellate Defender, Montpelier, for Defendant-Appellant.

PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ.

¶ 1. Defendant appeals his conviction for DUI refusal. On appeal, defendant argues: (1) the court erred in admitting testimony indicating that defendant had refused to take a preliminary breath test (PBT) and regarding the Horizontal Gaze Nystagmus (HGN) test; (2) the court committed plain error in instructing the jury and designing...

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