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LOVELL v. STATE

No. CR 84-86.

681 S.W.2d 395 (1984)

283 Ark. 425

Terry LOVELL, et al., Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 21, 1984.

Attorney(s) appearing for the Case

Joel Price, Fort Smith, for appellants.

Steve Clark, Atty. Gen. by Theodore G. Holder, Asst. Atty. Gen., Little Rock, for appellee.

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

HICKMAN, Justice.

The trial court held the sentencing provision of the Omnibus DWI Act to be mandatory; that is, where imprisonment is required, such a sentence cannot be reduced or suspended by the judge. We unanimously upheld this decision, 283 Ark. 425, 678 S.W.2d 318 following the clear language of the act which reads:

75-2504 Imprisonment...

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