MONTAGUE v. STATE

No. CA CR 99-356.

5 S.W.3d 101 (1999)

68 Ark.App. 145

Jimmie Don MONTAGUE v. STATE of Arkansas.

Court of Appeals of Arkansas, Divisons II and III.

December 1, 1999.


Attorney(s) appearing for the Case

Smith, Maurras, Cohen, Redd & Horan, PLC, by: Matthew Horan, Fort Smith, for appellant.

Mark Pryor, Att'y Gen., by: C. Joseph Cordi, Jr., Asst. Att'y Gen., Little Rock, for appellee.


JOSEPHINE LINKER HART, Judge.

A jury found the appellant guilty of negligent homicide and driving while intoxicated (DWI). He appeals, contending that DWI is a lesser-included offense of negligent homicide and that the trial court erred in sentencing him separately on that count. We agree.

On July 17, 1997, at approximately 5:35 a.m., appellant was driving home when his vehicle crossed the center line of the road and entered the path of a vehicle driven by...

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