State v. Andreanoff

OPINION

Judge ALLARD.

- In this appeal we are asked to decide how a defendant's speedy trial rights under Alaska Criminal Rule 45 should be calculated in cases where a trial court has dismissed erimi-nal charges on its own motion and the State later re-files those same charges.

Alaska Criminal Rule 45 governs a criminal defendant's statutory speedy trial rights under Alaska law. Under Rule 45, a defén-dant "shall be tried within 120 days ... from the date the charging document is served upon the defendant." 1 In cases where criminal charges are dismissed by the prosecution and later refiled by…