Opinion
Court of Appeals No. A-9707.
May 9, 2007.
Appeal from the Superior Court, Third Judicial District, Anchorage, Michael L. Wolverton, Judge, Trial Court No. 3AN-05-4512 CR.
Carmen Clark and Pamela Dale, Law Office of Pamela Dale, Anchorage, for the Appellant. Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for the Appellee.
Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges.
MEMORANDUM OPINION AND JUDGMENT
Noel T. Briody was charged with felony driving while under the influence, driving while his license was suspended, and leaving the scene of an accident. Briody asked the superior court to suppress much of the evidence against him, arguing that the police obtained this evidence after they illegally entered his house. The superior court denied this suppression motion, and Briody then pleaded no contest to these charges, reserving his right to pursue the suppression issue on appeal.
AS 28.35.030(n), AS 28.15.291(a)(1), and AS 28.35.050(b), respectively.
See Cooksey v. State, 524 P.2d 1251, 1255-57 (Alaska 1974).
In its pleading to this court, the State has confessed error.
When the State confesses error in a criminal appeal, this court is required to "independently review the proceedings below to insure that the [confession of] error . . . is supported by the record . . . and has legal foundation." Accordingly, we have reviewed the record and have analyzed Briody's legal argument. Having done that, we conclude that the State's confession of error is sound: the police entry into Briody's home was unlawful.
Marks v. State, 496 P.2d 66, 67-68 (Alaska 1972).
See Haskins v. Anchorage, 22 P.3d 31 (Alaska App. 2001); Taylor v. State, 642 P.2d 1378 (Alaska App. 1982).
The judgement of the superior court is REVERSED.