Tuttle v. State

OPINION

COATS, Chief Judge.

Desmond A. Tuttle entered a plea of no contest to attempted misconduct involving a controlled substance in the third degree, a class C felony.1 In entering his plea, Tuttle reserved his right to raise an issue on appeal: that the evidence against him stemmed from an illegal arrest. We agree with Tuttle and reverse his conviction.

Factual and procedural background

At the evidentiary hearing, Brett D. May testified that he worked for the Riverside House, a hotel in Soldotna. May testified that on October 27, 2004, he observed Tuttle urinating in the hallway and fidgeting…