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MULLINS v. STATE

No. 4362.

608 P.2d 764 (1980)

Jimmy A. MULLINS, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

March 28, 1980.

Attorney(s) appearing for the Case

William H. Fuld, Law Offices of Kay, Christie, Fuld, Saville & Coffey, Anchorage, for appellant.

Leonard M. Linton, Jr., Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., Anchorage, and Avrum M. Gross, Atty. Gen., for appellee.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER, BURKE and MATTHEWS, JJ.

OPINION

BOOCHEVER, Justice.

This is a speedy trial case under Alaska R.Crim.P. 45.1 The precise question presented is whether a three-month delay in appellant's trial was excludable under Rule 45(d), when that delay was occasioned by the state's decision to try appellant Jimmy Mullins' co-defendant first, so that he would be available to testify against Mullins.

Mullins and Billy...

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