HEGLER v. STATE

No. CR 84-185.

691 S.W.2d 129 (1985)

286 Ark. 215

Andrew HEGLER, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied July 15, 1985.


Attorney(s) appearing for the Case

John F. Gibson, Jr., Monticello, for appellant.

Steve Clark, Atty. Gen. by Velda P. West, Asst. Atty. Gen., Little Rock, for appellee.


DUDLEY, Justice.

The appellant was found guilty of a second violation of the Omnibus DWI Act of 1983. The judgment of the prior conviction does not reveal whether appellant was represented by counsel. Appellant contends that the trial court should not have admitted the judgment of prior conviction into evidence. He is correct. A prior conviction cannot be used collaterally to impose enhanced punishment unless the misdemeanant was represented by counsel or validly...

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