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BLACK v. STATE

No. A-8613.

76 P.3d 417 (2003)

Herman J. BLACK, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

August 29, 2003.

Attorney(s) appearing for the Case

Tim Cook, Anchorage, for Appellant.

Richard K. Payne, Assistant District Attorney, and Roman J. Kalytiak, District Attorney, Palmer, and Gregg D. Renkes, Attorney General, Juneau, for Appellee.

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

OPINION

COATS, Chief Judge.

Herman J. Black is charged with driving under the influence of an alcoholic beverage.1 Prior to trial, he attempted to peremptorily challenge District Court Judge Joel Bolger.2 Judge Bolger denied the challenge, finding that it was untimely. Black appeals, claiming that his challenge was timely because he placed it in the mail within the five-day period set out in...

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