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SWINT v. STATE

No. CR 03-379.

152 S.W.3d 226 (2004)

Jan Dawson SWINT v. STATE of Arkansas.

Supreme Court of Arkansas.

March 4, 2004.

Attorney(s) appearing for the Case

Richard Grasby, Little Rock, for appellant.

Mike Beebe, Att'y Gen., by: Brent P. Gasper, Ass't Att'y Gen., Little Rock, for appellee.

JIM HANNAH, Justice.

Jan Dawson Swint appeals her conviction and sentence of five years in prison and $1000 dollar fine for fourth-offense DWI. Swint argues that her conviction of fourth-offense DWI was in error because a district court DWI conviction that is on appeal to the circuit court may not serve as one of the four DWI offenses under Ark.Code Ann. § 5-65-111(b)(3)(A) (Supp.2003). She notes that an appeal from a conviction in district court is tried

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