Brown v. State

OPINION

SINGLETON, Judge.

Benjamin Brown pled no contest to a charge of refusal to submit to a chemical test, in violation of AS 28.35.032(a). Brown conditioned his plea on the right to appeal the trial court’s previous order denying his motion to dismiss the prosecution. Oveson v. Anchorage, 574 P.2d 801 (Alaska 1978); Cooksey v. State, 524 P.2d 1251 (Alaska 1974).

The parties have in effect submitted this case on stipulated facts, arguing only the legal significance of those facts. Brown asks us to hold that a person cannot be found guilty of refusing to submit to a breathalyzer examination…