SIDES v. STATE

No. CR 85-6.

686 S.W.2d 434 (1985)

285 Ark. 323

Patricia Ann SIDES, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 25, 1985.


Attorney(s) appearing for the Case

J. Randolph Shock, Fort Smith, for appellant.

Steve Clark, Atty. Gen. by Marci L. Talbot, Asst. Atty. Gen., Little Rock, for appellee.


PER CURIAM.

Patricia Sides was convicted in the Ft. Smith Municipal Court of violating the Omnibus DWI Act, Act 549 of 1984. On appeal to the Circuit Court she was tried before a jury and again convicted. She was fined $800 and costs and her license was suspended for ninety days.

On appeal it is argued that Act 549 violates the separation of powers clause in Article 4, Section 1 of the Arkansas Constitution in that 1) the discretion given to prosecuting attorneys...

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