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STATE v. BURKE

No. A-908.

714 P.2d 374 (1986)

STATE of Alaska, Petitioner, v. Warren BURKE, Respondent.

Court of Appeals of Alaska.

February 14, 1986.

Attorney(s) appearing for the Case

Michael S. McLaughlin, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Harold M. Brown, Atty. Gen., Juneau, for petitioner.

Michael J. Wall, Asst. Public Defender, Kodiak, and Dana Fabe, Public Defender, Anchorage, for respondent.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

On December 3, 1984, Warren Burke was arrested for driving while intoxicated (DWI), AS 28.35.030, by Kodiak Police Officer Barry R. Paris. Burke moved to suppress all evidence seized as a result of his arrest. Magistrate Dennis L. Nelson granted the motion, and the state petitioned for review of the magistrate's order. We granted the petition, and we now reverse.

Burke and the state entered into the following stipulation...

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