McElhanon v. State

Donald L. Corbin, Justice.

Appellant Kevin McElhanon was charged in municipal court with driving while intoxicated (“DWI”) in violation of Ark. Code Ann. § 5-65-103 (Repl. 1993), but was convicted of driving under the influence (“DUI”) in violation of Ark. Code Ann. § 5-65-303 (Repl. 1993). He appealed to circuit court where he was tried and convicted of DUI. ■ Appellant filed a petition for review from a decision of the Arkansas Court of Appeals delivered on December 23, 1996, where a 3-3 vote affirmed the lower court decision. Our jurisdiction is pursuant to Ark. Sup. Ct. R. 1-2 (e) (as…