Odekirk v. State

OPINION

SINGLETON, Judge.

Warren Odekirk pled guilty to three counts of the sale of cocaine and was sentenced to a term of imprisonment. With the consent of the state and the court, he reserved the right to appeal his claim that Criminal Rule 45 barred his conviction. 1 We therefore have jurisdiction to consider that issue. Oveson v. Municipality of Anchorage, 574 P.2d 801, 803 (Alaska 1978); Cooksey v. State, 524 P.2d 1251, 1256-57 (Alaska 1974).

The parties are in agreement that Criminal Rule 45 required Odekirk’s trial to commence within 120 days of his arrest, disregarding certain excluded…