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State v. Hubbard11/21/2003
z. 10, , 3 P.3d 392, (App. 2000).
In any event, viewed in the light most favorable to upholding the trial court's ruling, the evidence at trial established that appellant did voluntarily submit to an HGN test. Moreover, we note that appellant testified at trial that he never took the HGN test. That testimony is inconsistent with his contention on appeal that he was tricked into taking the test.
On the record before us, we cannot say the trial court abused its discretion. The convictions and the sentences imposed are affirmed.
JOHN PELANDER, Presiding Judge
CONCURRING:
PHILIP G. ESPINOSA, Chief Judge
PETER J. ECKERSTROM, Judge
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