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STATE v. BROWN10/1/1984
12, 627 S.W.2d 6 (1982). Such authorization simplifies procedure and eliminates some technical defenses by which an accused might escape punishment. Underwood v. State, 205 Ark. 864, 171 S.W.2d 304 (1943). The change sought by the state would not have changed the nature or degree of the offense but would merely have authorized a less severe penalty. See Finch v. State, 262 Ark. 313, 556 S.W.2d 434 (1977) and Silas v. State, 232 Ark. 248, 337 S.W.2d 644 (1960). The trial court erred in refusing to allow the state to amend the information.
Affirmed in part, reversed in part.
PURTLE, J., dissents.
JOHN I. PURTLE, Justice, dissenting. Few, if any, Acts of the Arkansas General Assembly have received as much attention and publicity as has Act 549 of 1983. It is common knowledge that one primary objective of this Act was to prohibit trial judges from reducing second, third or fourth
charges of DWI to first offense charges. The language is clear and unambiguous when its states: "Persons arrested violating Section 3 75-2503] of this Act shall be tried on such charges or plead to such charges and no such charges shall be reduced." The clear and simple language used by the General Assembly obviously was intended to prohibit judges from reducing charges such as the one involved in this case. We must give effect to the legislative intent. Hice v. State, 268 Ark. 57, 593 S.W.2d 169 (1980). I believe the legislature is capable of understanding the language used in this much debated legislation. It is not the concern of this Court whether the legislation results in fewer convictions and less revenue than the previous law on this subject. We should give this legislation the result obviously intended by the General Assembly. Henderson v. Russell, 267 Ark. 140, 589 S.W.2d 565 (1979).
The State in clear and unequivocal terms requested the court to reduce the fourth offense charge to a first offense charge. This flies in the face of the plain meaning of Act 549. The trial court followed the letter and intent of the law, in my opinion.
There is a question in my mind as to whether this Act is unconstitutional inasmuch as it appears to prohibit a trial court from reducing a charge from third offense to second offense, etc. If the proof in a particular case clearly establishes that an accused is guilty of a first, second or third offense the court is powerless to convict the offender if he has been charged with a fourth offense. However, that question is not presented in this case.
I would affirm.
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