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PETERS v. STATE

No. CR 85-96.

692 S.W.2d 243 (1985)

286 Ark. 421

George Allen PETERS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

July 8, 1985.

Attorney(s) appearing for the Case

Darrell E. Baker, Jr., Deputy Public Defender, Fayetteville, for appellant.

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

NEWBERN, Justice.

George Allen Peters was charged with violation of Ark.Stat.Ann. § 75-2503 (Supp. 1983). The information alleged a felony offense of driving while intoxicated and recited that Peters had been convicted of DWI on three occasions. A jury convicted Peters of the offense charged, and he was sentenced to imprisonment for eighteen months and fined $5,000.

We must reverse this conviction for two reasons. First, there was insufficient evidence...

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