James Aldridge v. State Alaska

RABINOWITZ, Chief Justice. OPINION. Aldridge was found guilty of the crime of possession of heroin, while he was an inmate of the Fairbanks Correctional Center, in violation of AS 17.10.010. 1 In this appeal, Aldridge advances two specifications of error. First, it is claimed that the conviction should be set aside, and the case remanded with directions to dismiss the charge, because Aldridge was denied the right to a speedy trial under Alaska Criminal Rule 45. Aldridge further asserts that he is entitled to a new trial because the superior court incorrectly instructed the jury as to the elements of the offense. We will first address the speedy trial issue. Criminal Rule 45(b), in setting out speedy trial time limits, provides that an accused shall be tried within 120 days from the time set forth in section (c)(1) of Rule 45. This section provides, in part: