Tobuk v. State

OPINION

Before BRYNER, C.J., and COATS and SINGLETON, JJ. SINGLETON, Judge.

On September 2, 1986, Wayne Tobuk filed a motion to set aside a prior judgment. Alaska R.Crim.P. 35(c). He sought to withdraw a guilty plea he had entered, approximately two years earlier, to a charge of driving while under the influence of alcohol (DWI). See AS 28.35.030(a)(1). The motion was based on the contention that Tobuk’s guilty plea was accepted under procedures which failed to comport with Alaska Criminal Rule 39. See Alaska R.Crim.P. 39(b) (trial court must assure itself that defendant understands benefits of…