Smith v. State

OPINION

COATS, Chief Judge.

Byron S. Smith appeals his conviction and sentence for felony driving while intoxicated (DWI). 1 Smith contends that he was subjected to an illegal investigative stop, and that all evidence flowing from that stop should have been suppressed. For the reasons explained here, we hold that the investigative stop was justified by the facts known to the police.

Smith also contends that his sentence is flawed because the superior court, relying on Smith’s prior felony DWI conviction from Arkansas, ruled that Smith was a second felony offender for presumptive sentencing…