ROGERS v. STATE

No. CR 87-126.

738 S.W.2d 412 (1987)

293 Ark. 414

David ROGERS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

November 2, 1987.


Attorney(s) appearing for the Case

Robert A. Newcomb, Little Rock, for appellant.

Joseph V. Svoboda, Little Rock, for appellee.


DUDLEY, Justice.

The issue in this case involving the interpretation of the Omnibus DWI Act is when does a prior "offense" occur for purposes of penalty enhancement. A stipulation of facts between the appellant and the State shows that on May 11, 1986, the appellant operated his vehicle while intoxicated in violation of Ark.Stat.Ann. § 75-2503(a) (Supp.1985). He had two prior convictions, one conviction on June 22, 1984, and the other on July 17, 1985. The stipulation...

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