Legal Opinion
Stewart v. State
Court of Appeals of Alaska
Decided November 10, 1988No. A-2422PublishedCited by 3 opinions
1Opinion of the Court
OPINION
BRYNER, Chief Judge.
Magistrate Paul K. Verhagen tried Stephen J. Stewart and found him guilty of DWI, AS 28.35.030. Stewart appeals, alleging that the court committed error in denying his motion to dismiss and in sentencing him as a second DWI offender. We affirm the court’s denial of the motion to dismiss but remand for further proceedings on the sentencing issue.
On July 23, 1987, while transporting a prisoner north on the Parks Highway, Alaska State Trooper Ellis noticed a car parked on the side of the highway near mile 262 in an area that was not a normal vehicle turnout. The…
2Cases cited5 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Coleman v. StateAlaska Supreme Court · 1976
- Hartley v. StateCourt of Appeals of Alaska · 1982
- Kelly v. StateCourt of Appeals of Alaska · 1983
- Anchorage v. CookAlaska Supreme Court · 1979
3Cited by3 opinions
- Dunham v. City and Borough of JuneauCourt of Appeals of Alaska · 1990
- Sather v. State Division of Motor Vehicles, Department of Public SafetyAlaska Supreme Court · 1989
- Glascock v. State, Department of Public Safety, Division of Motor VehiclesAlaska Supreme Court · 1995