State v. Torrence

ELMORE, Judge.

*233 Burl Ravon Torrence (defendant) was found guilty of driving while impaired under N.C. Gen.Stat. § 20-138.1. On appeal, defendant argues that the trial court erred in admitting lay opinion testimony on the results of the Horizontal Gaze Nystagmus (HGN) test. After careful review, and consistent with our opinion in State v. Godwin, --- N.C.App. ----, 786 S.E.2d 34 , 2016 WL 1569437 (Apr. 19, 2016) (No. COA15-766), we agree and conclude defendant is entitled to a new trial.

I. Background

The State's evidence tended to show the following: Deputy Jonathan Phillips with the Macon…