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TIMS v. STATE

No. CACR 88-42.

770 S.W.2d 211 (1989)

26 Ark.App. 102

Randy TIMS, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, Division I.

May 17, 1989.

Attorney(s) appearing for the Case

Tom Pendowski, No. Little Rock, for appellant.

Steve Clark, Attorney Gen., Little Rock, for appellee.

SUPPLEMENTAL OPINION ON GRANT OF REHEARING

COOPER, Judge.

The State contends on rehearing that we erred in directing the trial court on remand to resentence the appellant as a DWI third offender. We agree and modify our earlier disposition.

In our opinion of November 23, 1988, 26 Ark.App. 102, 760 S.W.2d 78, we remanded to the trial court for resentencing on a lesser-included...

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