Rogers v. State

Robert H. 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 does not include the dates on which the prior offenses were committed. The trial court found the appellant guilty…