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HOWELL v. STATE

Nos. A-8556, A-8575.

115 P.3d 587 (2005)

Marshall R. HOWELL, Appellant/Cross-Appellee, v. STATE of Alaska, Appellee/Cross-Appellant.

Court of Appeals of Alaska.

July 1, 2005.

Attorney(s) appearing for the Case

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

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

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

OPINION

STEWART, Judge.

Following a jury trial, Marshall R. Howell was convicted of misdemeanor driving while under the influence.1 The grand jury had indicted Howell for felony driving while under the influence,2 but the superior court entered a judgment of acquittal on the felony charge.

Howell appeals, claiming that the superior court should have suppressed the evidence on the ground...

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