Aiken v. State

OPINION

SINGLETON, Judge.

Scott Aiken pled no contest to the charge of driving while intoxicated. AS 28.35.-030(a)(1) and (2). Prior to sentencing, Aiken argued that he should be allowed to withdraw his plea of no contest to a 1980 conviction for operating a motor vehicle while intoxicated. Aiken also argued, in the alternative, that his prior conviction be disregarded for purposes of the DWI mandatory minimum sentencing scheme. See AS 28.35.030(c). On appeal, Aiken contends that the court erred in denying his motion because the plea in the earlier case was taken in violation of Alaska Criminal…