Clark v. Municipality of Anchorage
Court of Appeals of Alaska
1Opinion of the Court
O P I N I 0 N
MANNHEIMER, Judge.
Amy Catherine Clark pleaded no contest to the charge of driving while intoxicated. Her plea purports to be a Cooksey plea-that is, a plea that preserves her right to litigate a specified issue on appeal. 2 But under Cook-sey and the subsequent cases construing the Cooksey rule, the issue preserved for appeal must be "dispositive of the entire case". 3 If it is not, the plea is not valid and the defendant has no right to appeal. 4
In Clark's case, the preserved issue is not dispositive of the charge against her. We therefore dismiss this appeal and we remand…
2Cases cited5 opinions
- Cooksey v. StateAlaska Supreme Court · 1974
- Oveson v. Municipality of AnchorageAlaska Supreme Court · 1978
- Rozkydal v. StateCourt of Appeals of Alaska · 1997
- Heuga v. StateAlaska Supreme Court · 1980
- Wells v. StateCourt of Appeals of Alaska · 1997
3Cited by3 opinions
- DEWEESE v. StateCourt of Appeals of Alaska · 2009
- Dow v. StateCourt of Appeals of Alaska · 2007
- DEWEESE v. StateCourt of Appeals of Alaska · 2009