Swint v. State

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 de novo in the circuit court. Thus, she argues that because she appealed the district court conviction, it is not yet an offense as…