Terry Miller v. State Alaska

SINGLETON, Judge. OPINION Terry Miller was convicted of fraud, AS 11.46.600, and of promoting a gambling enterprise. AS 11.66.210. He was jointly indicted with his father-in-law, Danny Arreola, but separately tried. Miller appeals his conviction raising numerous alleged errors, one of which we find dispositive--Miller's contention that he was not tried within one hundred and twenty days of his arrest in violation of Alaska Rule of Criminal Procedure 45. We therefore reverse Miller's conviction and direct dismissal of the charges against him. This Disposition of the case obviates the need to discuss Miller's other claims of error. Miller challenges the trial court's exclusion from consideration under Criminal Rule 45 of all but thirteen days between Miller's arrest on May 10, 1982 and his trial beginning on February 10, 1983. We agree with Miller that two periods of time were improperly excluded. Specifically, the twenty-four days from June 8, 1982 to July 2, 1982 for discovery sought by Miller and the 102-day continuance from November 1, 1982 to February 10, 1983 obtained by the state to insure Arreola's presence at trial should have been included in speedy trial calculations made under Criminal Rule 45.