Harmon-Horton v. State

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, 982 So.2d 1260, 1261-62 (Fla. 1st DCA 2008), which held that lay testimony on HGN testing is inadmissible because HGN test results are scientific evidence the predicates of which must be established.…