 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Baker v. State4/15/2005
ve at this time. On remand, in deciding an appropriate sentence to impose, Judge Motyka should consider Baker's offenses in relation to sentences which defendants have received for other similar offenses.
Conclusion
We conclude that the trial judge did not err in denying Baker's motion to dismiss under Criminal Rule 45. We conclude that we must interpret the trial court's sentencing remarks as imposing Baker's Anchorage sentence concurrently with his Kenai sentence. In light of our conclusion that the trial court committed error in imposing Baker's sentence, we remand the sentence to allow the trial court to reconsider its sentence. The conviction is AFFIRMED. The sentence is VACATED and this case is remanded to the superior court for resentencing in conformity with this opinion.
MANNHEIMER, Judge, concurring.
I write separately to address the speedy trial issue because I analyze this issue differently from my colleagues.
The resolution of Baker's speedy trial claim hinges on the recorded events of October 11-12, 1999, but it also hinges on certain other things that are not part of the record.
The record shows that the parties met in court on the morning of Monday, October 11th to decide when Baker's trial would commence. Baker's assistant public defender announced that she would be unavailable for two weeks starting on Wednesday, October 13th. The prosecutor then announced that the State had witness problems: key witnesses would not be available until October 18th and then would be unavailable for six weeks starting on October 21st. In other words, it appeared that if Baker's trial was going to be held before December, only three days were available: October 18th-20th.
For his part, Baker was opposed to any continuance; he wanted a trial as soon as possible. The judge presiding at this hearing, District Court Judge Natalie K. Finn, explained to Baker that if he insisted on an immediate trial, this would mean going to trial with a new attorney who was unfamiliar with his case. Baker told Judge Finn that he was willing to proceed with an unprepared attorney if that was necessary to procure an immediate trial.
Judge Finn then set Baker's trial for October 19th and 20th (with jury selection to be held on October 15th). As explained above, Baker's assistant public defender had announced that she would unavailable on these dates, so these trial dates necessarily required the Public Defender Agency to assign a new attorney to Baker's case.
But later that same afternoon, Presiding Superior Court Judge Elaine M. Andrews notified the parties that Baker's trial would commence the next day (October 12th). This change of Baker's trial date was the first in a series of events that find no ready explanation in the record.
The record does not reveal why Judge Andrews decided to set aside the trial dates that had been announced by Judge Finn earlier that day, or why Judge Andrews decided that Baker's trial should begin the very next day. Conceivably, Judge Andrews set Baker's trial for October 12th because that was the last day that Baker's current attorney would be available. Judge Andrews may have been concerned that a new defense attorney who took over Baker's case at the last minute would be unable to represent Baker effectively. But this is concededly speculation on my part. The record contains no explanation for Judge Andrews's action.
The record is similarly sparse concerning the explanation for the two attorneys' strange responses to this last-minute rescheduling of Baker's trial. As explained above, the trial dates set by Judge Finn (October 19th and 20th) had been hammered o
Page 1 2 3 4 5 6 7 8 9 10 Alaska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|