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ALTES v. STATE

No. CR 85-12.

689 S.W.2d 541 (1985)

286 Ark. 94

Greg ALTES, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 20, 1985.

Attorney(s) appearing for the Case

Sexton, Nolan, Robb & Caddell, Fort Smith, for appellant.

Steve Clark, Atty. Gen. by Jack Gillean, Asst. Atty. Gen., Little Rock, for appellee.

HICKMAN, Justice.

This is an appeal of a conviction for DWI and the only question is whether the appellant was in control of his vehicle when he was drunk. There is no dispute that Altes was drunk, having registered .27 on the intoximeter. Altes contended at trial, however, that he did not drink anything until after he ran his truck into a ditch so that he was never in control of his truck while he was drunk. The prosecuting attorney argued that Altes' story was ...

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