BUSH v. STATE

No. A-9535.

157 P.3d 1059 (2007)

James E. BUSH, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 18, 2007.


Attorney(s) appearing for the Case

Stephanie D. Patel, Law Office of Dan Allan, Anchorage, for the Appellant.

Blair M. Christensen, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for the Appellee.

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


OPINION

STEWART, Judge.

This appeal raises the question of whether the State may retry a defendant whose conviction is set aside based on a denial of the right to counsel.

James E. Bush was charged with felony driving while under the influence and felony refusal to submit to a breath test. The offenses were charged as felonies because Bush was a repeat offender—that is, he had two prior convictions for driving while intoxicated within...

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