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SPINKA v. STATE

No. A-4609.

863 P.2d 251 (1993)

John SPINKA, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

November 12, 1993.

Attorney(s) appearing for the Case

Robert Merle Cowan, Law Offices of Cowan & Gerry, Kenai, for appellant.

Joseph N. Levesque, Asst. Dist. Atty., Sharon A. Illsley, Dist. Atty., Kenai, and Charles E. Cole, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and MANNHEIMER, JJ.

OPINION

BRYNER, Chief Judge.

In this case, John Spinka entered a no contest plea to the charge of refusing to submit to a breath test, reserving, pursuant to Cooksey v. State, 524 P.2d 1251 (Alaska 1974), the right to appeal the district court's denial of his motions to dismiss the refusal charge and to suppress evidence of his refusal. Upon Spinka's plea to the refusal charge, the state dismissed the DWI charge...

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