Sundberg v. State

OPINION ON REHEARING

Russell P. Sundberg was convicted of burglary not in a dwelling, former AS 11.-20.100, and given a five-year sentence. The facts of his case are set out at some length in our prior opinion and need not be re*1270peated here. See Sundberg v. State, 657 P.2d 843 (Alaska App.1982). Sundberg appealed his conviction alleging that it violated Criminal Rule 45, which requires that trial be held within 120 days of arrest, because 176 days, disregarding excluded periods, had elapsed between the date of his arrest and the date of his trial. We initially agreed and reversed. Id.…