{
  "id": 1875411,
  "name": "Gary HOGAN v. STATE of Arkansas",
  "name_abbreviation": "Hogan v. State",
  "decision_date": "1986-07-07",
  "docket_number": "CR 86-27",
  "first_page": "402",
  "last_page": "403",
  "citations": [
    {
      "type": "official",
      "cite": "289 Ark. 402"
    },
    {
      "type": "parallel",
      "cite": "712 S.W.2d 295"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "260 Ark. 560",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      ],
      "weight": 3,
      "year": 1976,
      "opinion_index": 0,
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        "/ark/260/0560-01"
      ]
    },
    {
      "cite": "270 Ark. 134",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1709287
      ],
      "weight": 2,
      "year": 1980,
      "opinion_index": 0,
      "case_paths": [
        "/ark/270/0134-01"
      ]
    }
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  "analysis": {
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  "last_updated": "2023-07-14T19:22:34.211418+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Gary HOGAN v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Jack Holt, Jr., Chief Justice.\nOn August 21, 1984, the appellant, Gary Hogan, was found guilty by the Little Rock Municipal Court of driving while intoxicated. He was sentenced on September 24, 1984. An appeal was taken to the Pulaski County Circuit Court for a trial de novo where he was also found guilty. On appeal to this court, appellant argues that the municipal court exceeded its jurisdictional authority by waiting more than thirty days before sentencing. We find no merit in appellant\u2019s argument and affirm. Jurisdiction is pursuant to Sup. Ct. R. 29(l)(c).\nAppellant contends that Ark. R. Cr. P. Rule 36.4 and Ark. Stat. Ann. \u00a7 75-2506 (Supp. 1985) were violated by the municipal court. Rule 36.4 states that after the verdict, \u201csentencing and the entry of the judgment may be postponed to a date certain then fixed by the court, not more than thirty (30) days thereafter, . . . .\u201d Section 75-2506 provides that a presentence report shall be provided within thirty days of a DWI conviction, but does not limit the time a court has in which to sentence a defendant.\nIn addition to the fact that we have held this thirty day provision of Rule 36.4 is not mandatory, Hoke v. State, 270 Ark. 134, 603 S.W.2d 412 (1980), appellant cannot rely on an error in the municipal court after he has received an entirely new trial in the circuit court, \u201cas if no judgment had been rendered\u201d in the municipal court. Ark. Stat. Ann. \u00a7 44-509 (Repl. 1977); Killion v. State, 260 Ark. 560, 542 S.W.2d 744 (1976). Appellant received a fair trial in the circuit court, unaffected by the proceedings in the municipal court, and therefore there is no basis for reversing the judgment. Killion, supra.\nAffirmed.",
        "type": "majority",
        "author": "Jack Holt, Jr., Chief Justice."
      }
    ],
    "attorneys": [
      "Guy Jones, Jr., P.A., for appellant.",
      "Steve Clark, Att\u2019y Gen., by; Robert A. Ginnaven, III, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Gary HOGAN v. STATE of Arkansas\nCR 86-27\n712 S.W.2d 295\nSupreme Court of Arkansas\nOpinion delivered July 7, 1986\nGuy Jones, Jr., P.A., for appellant.\nSteve Clark, Att\u2019y Gen., by; Robert A. Ginnaven, III, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0402-01",
  "first_page_order": 428,
  "last_page_order": 429
}