Alaska, October, 2002, State Case law

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State Courts - Alaska - October 17 - October 23, 2002

Beasley v. State, Court of Appeals No. A-8289, No. 1833, COURT OF APPEALS OF ALASKA, October 17, 2002, Decided
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Overview: Sentencing statute did not constrain the trial court from imposing a sentence, whether suspended or unsuspended, on first felony offender that exceeded the presumptive sentence for a third felony offender when aggravating factors were proven.

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Hughes v. State, Court of Appeals No. A-7713, No. 1835, COURT OF APPEALS OF ALASKA, October 17, 2002, Decided
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Overview: The fact that the reckless endangerment charge included two victims other than the defendant's estranged wife's boyfriend meant that this charge did not merge with the third-degree assault charge in which the sole victim was the boyfriend.

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Semancik v. State, Court of Appeals No. A-7286, No. 1834, COURT OF APPEALS OF ALASKA, October 17, 2002, Decided
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Overview: Where defendant was convicted of attempted burglary, failure of his indictment to specify his intended crime was fatal defect in indictment, and defendant was entitled to raise objection to indictment for first time on appeal.

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Andrus v. State, Court of Appeals No. A-7673, No. 4631, COURT OF APPEALS OF ALASKA, October 23, 2002, Decided
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Overview: The trial court was required to reconsider defendant's sentence for robbery because the subsidiary sentence was imposed in violation of the presumptive revised sentencing statutes.

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Bowman v. State, Court of Appeals No. A-8068, No. 4626, COURT OF APPEALS OF ALASKA, October 23, 2002, Decided
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Overview: Where defendant had long-term and continued violations of driving laws, including several DWI convictions, and injured two people while playing Russian roulette on the road, the seriousness of his offense warranted a lifetime license revocation.

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Frese v. State, Court of Appeals No. A-7640, No. 4629, COURT OF APPEALS OF ALASKA, October 23, 2002, Decided
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Overview: Where adequate foundation for exhibit was presented and defendant was granted a continuance to prepare, defendant waived his argument on appeal that more time was necessary for him to prepare for exhibit and testimony.

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Kignak v. State, Court of Appeals No. A-8155, No. 4627, COURT OF APPEALS OF ALASKA, October 23, 2002, Decided
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Overview: Where facts of defendant's arrest for DWI justified labeling defendant as a worst offender, trial court would have been warranted in imposing a greater sentence, but did not err in sentencing defendant to a composite six months in jail.

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Lisbourne v. State, Court of Appeals No. A-7991, No. 4628, COURT OF APPEALS OF ALASKA, October 23, 2002, Decided
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Overview: Improper comment by prosecution during closing argument involved a collateral matter and did not warrant a new trial as the evidence improperly referred to did not affect the determination of whether the cocaine belonged to defendant.

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Shaw v. State, Court of Appeals No. A-8009, No. 4630, COURT OF APPEALS OF ALASKA, October 23, 2002, Decided
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Overview: Trial court properly denied defendant's application for post-conviction relief where he failed to shoulder his burden of proving his trial counsel was ineffective or that he was denied the opportunity to amend or supplement his application.

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