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SPROATES v. STATE

No. A-8495.

81 P.3d 301 (2003)

Michael W. SPROATES, Petitioner, v. STATE of Alaska, Respondent.

Court of Appeals of Alaska.

December 12, 2003.

Attorney(s) appearing for the Case

David D. Reineke, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for the Appellant.

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for the Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

STEWART, Judge.

Under Alaska Criminal Rules 5(e)(2), 5(e)(4), and 5.1, a defendant who has been charged with a felony but who has not yet been indicted by the grand jury is entitled to a preliminary examination in the district court. If the defendant is in custody, this preliminary examination is to be held within the ten days following the defendant's initial appearance; if the defendant is not in...

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