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Fields v. State4/2/2003
not have received certified copies of his prior DWI convictions. An argument that is unsupported by convincing argument or citation to relevant authority need not be addressed on appeal. Sanders v. State, 76 Ark. App. 104, 61 S.W.3d 871 (2001). Furthermore, the fact of prior DWI convictions is an element of the crime of DWI, fourth offense, and is to be determined by the jury. Hodges v. State, 27 Ark. App. 93, 766 S.W.2d 619 (1989). Although the trial court must determine the admissibility of evidence of the prior convictions, it is up to the jury to determine that the evidence establishes that element of the offense. Id. Thus, it was proper for the trial court to have provided copies of the prior convictions to the jury for their examination. Fields also argues that there was incorrect information contained in the judgments of the prior convictions; however, he did not object on this basis below, and thus, his argument is not preserved for appeal. Hutcherson v. State, supra. We also note that Fields attempts to argue in his reply brief that the trial court erred in informing the jury that he had three prior convictions and in reading from those convictions, because this had the effect of a binding instruction to the jury. This court does not address arguments raised for the first time in an appellant's reply brief. Camp v. State, 66 Ark. App. 134, 991 S.W.2d 611 (1999). As there is no merit to any of Fields's arguments on appeal, we affirm.
Affirmed.
Stroud, C.J., and Griffen, J., agree.
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