Ahmaogak v. State, No. 4171
| Court | Supreme Court of Alaska (US) |
| Writing for the Court | MATTHEWS; RABINOWITZ |
| Citation | 595 P.2d 985 |
| Docket Number | No. 4171 |
| Decision Date | 08 June 1979 |
| Parties | Maggie AHMAOGAK and Charles Neokak, Petitioners, v. STATE of Alaska, Respondent. |
Page 985
v.
STATE of Alaska, Respondent.
Page 986
Robert S. Spitzfaden, Smith & Taylor, Anchorage, for Ahmaogak.
Mary E. Greene, Asst. Public Defender, Fairbanks, Brian C. Shortell, Public Defender, Anchorage, for Neokak.
James P. Doogan, Jr., Asst. Dist. Atty., Harry L. Davis, Dist. Atty., Fairbanks, Avrum M. Gross, Atty. Gen., Juneau, for respondent.
Before CONNOR, BOOCHEVER, BURKE and MATTHEWS, JJ.
MATTHEWS, Justice.
The question presented by this petition is whether service of a Uniform Summons and Complaint triggers the 120 day period in which trial must be commenced under Criminal Rule 45(b). We hold that it does.
On August 18, 1977, Maggie Ahmaogak and Charles Neokak were each served with a document entitled UNIFORM SUMMONS AND COMPLAINT, DEPARTMENT OF PUBLIC SAFETY, by officers of the State Department of Fish and Game. The documents 1 stated that petitioners
Page 987
were in possession of game in violation of 5 AAC 81.140(b), 2 and that they were to appear in the magistrate court of Barrow on September 14, 1977. It was further stated that failure to appear would be cause for issuance of arrest warrants. The citations were signed by one of the officers but were not thereafter sworn to or filed in court.Ahmaogak and Neokak appeared in court on September 14, as commanded. The magistrate had been given no notice of the complaint and called Fairbanks for instructions. The next day, one of the Fish and Game officers swore out new complaints before Judge Miller in Fairbanks. These complaints were forwarded to Barrow and filed, but service was not made on Ahmaogak until November 15; Neokak was never served. Both petitioners, however, were finally arraigned on November 29. A public defender, who was present in the courtroom, was appointed to represent Neokak at that time; Ahmaogak stated she would procure private counsel. The court was not informed of the August 18th Summons and Complaint, 3 and trial was orally scheduled for January.
However, nothing happened until February 7, 1978, when counsel for Ahmaogak entered his appearance. On February 17, the state moved to set a trial date. At a pre-trial hearing before Judge Taylor, sitting as district court judge, petitioners moved to dismiss on the basis of Criminal Rule 45(b), claiming that trial should have commenced by December 16. The motion was denied, and the denial was affirmed by the superior court, whereupon this petition was filed.
Criminal Rule 45 provides, in pertinent part:
(b) Speedy Trial Time Limits. A defendant charged with either a felony or a misdemeanor shall be tried within 120 days from the time set forth in section (c).
(c) When Time Commences To Run. The time for trial shall begin running, without demand by the defendant, as follows:
(1) From the date the defendant is arrested, initially arraigned, or from the date the charge (complaint, indictment, or information) is served upon the defendant, whichever is first. . . .
The question presented here is whether the Uniform Summons and Complaint was a "charge" served on petitioners sufficient to trigger the 120 day requirement. The state contends that it was not, for the state reads Rule 45(b) as specifically limiting a "charge," in misdemeanor cases, to a "complaint," as that term is technically defined. We do not read the rule so narrowly.
" Rule 45 was promulgated to insure protection of the constitutional right to a speedy trial and to advance the public interest in swift justice." Peterson v. State, 562 P.2d 1350, 1358 (Alaska 1977). As we noted in Rutherford v. State, 486 P.2d 946 (Alaska 1971), a primary purpose of the speedy trial guarantee is "to limit the...
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Andrew v. State, A-201
...of the supreme court that discuss and apply DeMille provide strong support for a narrow reading of that case. In Ahmaogak v. State, 595 P.2d 985, 987 n. 3 (Alaska 1979), defendant's attorneys acknowledged that they did not object when the court set a trial date beyond the permissible 120-da......
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Stobaugh v. State, 3729
..."to insure protection of the constitutional right to a speedy trial and advance the public interest in swift justice." Ahmaogak v. State, 595 P.2d 985, 987 (Alaska 1979), quoting Peterson v. State, 562 P.2d 1350, 1358 (Alaska 1977). As we noted in Glasgow v. State, 469 P.2d 682, 685 (Alaska......
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State v. Snide, 83-130
...27, 1982, the date of the citation that ordered defendant to answer to possible violations of 23 V.S.A. § 1201. See Ahmaogak v. State, 595 P.2d 985, 988-89 (Alaska 1979) (under Alaska criminal rules, the service of a citation "which gives a person official notice that he or she is accused o......
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Russell v. Municipality of Anchorage, No. 5159
...the accused over a prolonged period and to further the public interest in expeditious handling of criminal cases. Ahmaogak v. State, 595 P.2d 985, 987 (Alaska 1979); Peterson v. State, 562 P.2d 1350, 1358 (Alaska 6 Compare the phrase "period of delay resulting from the absence ... of the de......
-
Andrew v. State, A-201
...of the supreme court that discuss and apply DeMille provide strong support for a narrow reading of that case. In Ahmaogak v. State, 595 P.2d 985, 987 n. 3 (Alaska 1979), defendant's attorneys acknowledged that they did not object when the court set a trial date beyond the permissible 120-da......
-
Stobaugh v. State, 3729
..."to insure protection of the constitutional right to a speedy trial and advance the public interest in swift justice." Ahmaogak v. State, 595 P.2d 985, 987 (Alaska 1979), quoting Peterson v. State, 562 P.2d 1350, 1358 (Alaska 1977). As we noted in Glasgow v. State, 469 P.2d 682, 685 (Alaska......
-
State v. Snide, 83-130
...27, 1982, the date of the citation that ordered defendant to answer to possible violations of 23 V.S.A. § 1201. See Ahmaogak v. State, 595 P.2d 985, 988-89 (Alaska 1979) (under Alaska criminal rules, the service of a citation "which gives a person official notice that he or she is accused o......
-
Russell v. Municipality of Anchorage, No. 5159
...the accused over a prolonged period and to further the public interest in expeditious handling of criminal cases. Ahmaogak v. State, 595 P.2d 985, 987 (Alaska 1979); Peterson v. State, 562 P.2d 1350, 1358 (Alaska 6 Compare the phrase "period of delay resulting from the absence ... of the de......