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WILSON v. STATE

No. CR 85-112.

692 S.W.2d 620 (1985)

286 Ark. 430

Gerald WILSON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

July 15, 1985.

Attorney(s) appearing for the Case

Henry and Mooney by John R. Henry, Harrisburg, for appellant.

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

HOLT, Chief Justice.

The appellant was convicted in Harrisburg Municipal Court of driving while intoxicated, first offense, pursuant to Ark.Stat.Ann. §§ 75-2501-75-2533 (Supp. 1983). He appealed to circuit court where the case was heard de novo. Immediately prior to trial, the prosecutor was allowed, over appellant's objection, to amend the charge by upgrading the offense to DWI, second offense. The appellant was again convicted. At issue in this case is...

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