Andrew v. State

OPINION

BRYNER, Chief Judge.

Joseph Andrew, Jr., pled no contest to driving while intoxicated (DWI). AS 28.35.-030. Andrew reserved his right to appeal the denial of his motion to dismiss the complaint on the ground that, pursuant to Alaska Criminal Rule 45, trial was not held within 120 days of his arrest. See Oveson v. Anchorage, 574 P.2d 801, 803 and n. 4 (Alaska 1978); Cooksey v. State, 524 P.2d 1251, 1255-57 (Alaska 1974).

Andrew was arrested in Bethel for DWI on June 6, 1983. After several delays Andrew’s arraignment was continued to August 17. When Andrew did not appear on the 17th,…