Mullins v. State

OPINION

BOOCHEVER, Justice.

This is a speedy trial case under Alaska R.Crim.P. 45.1 The precise question presented is whether a three-month delay in appellant’s trial was excludable under Rule 45(d), when that delay was occasioned by the state’s decision to try appellant Jimmy Mullins’ co-defendant first, so that he would be available to testify against Mullins.

*766Mullins and Billy Joe Howe were arrested on December 27, 1977, for their alleged robbery early that morning of a grocery store in Chugiak, near Anchorage. The omnibus hearing for both Mullins and Howe was set for January 30, 1978, and a…