 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
WELLS v. STATE11/14/1997
rge. Id. at 252. We held that Spinka's plea would not qualify as a valid Cooksey plea if "the dismissal of Spinka's companion DWI charge was an integral part of the negotiated disposition" — that is, if the government's reason for dismissing the DWI charge was to make Spinka's suppression motion dispositive of the case. Id. at 252 n. 1.
In Wells's case, the State dismissed the DWLS charge as part of the negotiated settlement, and the record fails to disclose any independent reason for the dismissal of that charge. Indeed, Wells had already pleaded no contest to this charge, and the parties had to ask the trial court to vacate Wells's plea so that this now-bothersome charge could be dismissed.
Wells has failed to rebut the clear inference that the DWLS charge was dismissed for the purpose of making Wells's suppression motion dispositive of the case. Under these circumstances, we find that Wells has not shown that his plea was a valid Cooksey plea.
This appeal is DISMISSED for lack of jurisdiction. Because Wells entered his no contest plea to DWI on the understanding that he would be allowed to litigate the suppression issue on appeal, and because Wells has not received the benefit of that bargain, the superior court should allow Wells the opportunity to withdraw his no contest plea and go to trial on the DWI charge. If Wells chooses to do this, then the superior court should reinstate Wells's no contest plea to the DWLS charge (unless Wells can show some good reason for withdrawing that plea apart from the terms of the now-defunct plea bargain).
Page 1 2 Alaska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|