Court of Appeals of Alaska Court Cases

  1. Juneby v. State (1982)

    In this sentence appeal, we must consider the presumptive sentencing provisions of the Alaska Revised Criminal Code. Specifically, we are called upon to interpret and apply AS 12.55.155, which permits presumptive sentences fixed by AS 12.55.125 to be increased by the sentencing court upon a showing of aggravating factors and decreased upon a showing of mitigating factors.

    Court: Court of Appeals of Alaska Docket: 5606
  2. Austin v. State (1981)

    Evans Austin pled guilty to a charge of criminal mischief in the second degree in violation of AS 11.46.482(a)(4),[1] a class C felony. He was charged with unlawfully taking a car and causing damage to it in excess of $500. He was sentenced to serve three years and has appealed that sentence to this court.

    Court: Court of Appeals of Alaska Docket: 5341
  3. State v. Andrews (1985)

    Peter Andrews, Sr., and George R. Koenig are school teachers. In unrelated prosecutions, each was convicted of multiple counts of sexual abuse and sexual assault on their elementary school female pupils. Andrews and Koenig are first offenders. Neither has a juvenile or adult criminal record. Andrews received concurrent sentences totaling eight years' imprisonment, and Koenig received consecutive sentences totaling forty years with twenty years suspended. Koenig's sentences were based in part on [...]

    Court: Court of Appeals of Alaska Docket: A-468, A-492 and A-552
  4. Juneby v. State (1983)

    In the present case, Ivan Steven Juneby appealed a maximum, twenty-year sentence that he received upon conviction of first-degree sexual assault. Since Juneby had previously been convicted of one felony, his sentence was governed by the provisions of Alaska's presumptive sentencing statutes, AS 12.55.125 and AS 12.55.155. After considering the sentencing memoranda filed on behalf of Juneby and the state, we concluded that the sentencing court had failed to comply with the requirements of the [...]

    Court: Court of Appeals of Alaska Docket: 5606
  5. State v. Zerkel (1995)

    These consolidated appeals all involve defendants who were arrested for driving while intoxicated. In each case, the defendant either refused to take the breath test required by AS 28.35.031(a) or else took the test and the test results showed that the defendant's blood-alcohol level was .10 percent or higher. Based on either the defendant's refusal to take the test or the defendant's test result, the Department of Public Safety conducted administrative proceedings under AS 28.15.165-166 and, [...]

    Court: Court of Appeals of Alaska Docket: A-5773, A-5739, A-5774 to A-5785
  6. Tookak v. State (1982)

    On Saturday, May 13, 1978, "D.B.," after making various purchases at a shopping center in Fairbanks, was entering her car in the parking lot when a man jumped into the car, pointed a gun at her and told her to drive away. She was ordered to drive to a lightly travelled road and when they arrived her assailant dragged her out of the car, off the road, and raped her. There was evidence that the assailant initially had difficulty in achieving penetration and that in order to facilitate intercourse [...]

    Court: Court of Appeals of Alaska Docket: 4656
  7. Page v. State (1983)

    James W. Page, Jr. was indicted for murder in the first degree, AS 11.41.100(a)(1), and robbery in the first degree, AS 11.41.500. The state charged that Page murdered John Henry McKinney on January 1, 1981. Before a jury, Page admitted stabbing McKinney a number of times, tying him up, and leaving him to die. He explained his actions by alleging that McKinney had subjected Page to an attempted homosexual rape under circumstances making the killing self-defense, or, at the very least, creating [...]

    Court: Court of Appeals of Alaska Docket: 6208
  8. Covington v. State (1985)

    Charles Covington was convicted of two counts of lewd and lascivious acts towards a child, former AS 11.15.134, and four counts of sexual assault in the first degree, former AS 11.41.410(a)(4)(B). He received a composite sentence of forty years with ten years suspended. Covington appeals, challenging his conviction and sentence. We reverse Covington's conviction and remand for a new trial.

    Court: Court of Appeals of Alaska Docket: A-203
  9. Neitzel v. State (1982)

    Stanley Neitzel shot his girlfriend, Irene Reedy, in the head causing her death. The undisputed evidence establishes that Neitzel fired a number of shots directly at Reedy while she sat on the ground. Many of these earlier bullets struck the ground within an inch of Ms. Reedy before the fatal shot entered her head. Eyewitnesses were unsure of whether Neitzel fired at Reedy to discipline her for drinking vodka which belonged to him, to frighten her, to demonstrate his marksmanship by seeing how [...]

    Court: Court of Appeals of Alaska Docket: 6243
  10. Roth v. State (1981)

    Appellant was tried and convicted of operating a motor vehicle while under the influence of intoxicating liquor on November 27, 1978, and appealed his conviction to the superior court where it was affirmed on December 10, 1979. He renews his appeal in this court alleging two errors: first, that the district court erred in failing to grant a mistrial when the jury was inadvertently informed of appellant's refusal to take a breathalyzer test; and second, that the district court committed [...]

    Court: Court of Appeals of Alaska Docket: 5116
  11. As v. State (1988)

    A.S., a teenage boy born on March 10, 1970, was adjudicated a juvenile delinquent for committing a burglary and less-serious, related offenses in February 1987. In April, Superior Court Judge Paul B. Jones committed A.S. to the custody of the Department of Health and Social Services, but deferred institutional placement and placed A.S. on supervised probation. The conditions of probation required A.S. to "obey all municipal, state and federal laws."

    Court: Court of Appeals of Alaska Docket: A-2310
  12. Brezenoff v. State (1983)

    Eva Brezenoff was convicted of theft in the first degree. AS 11.46.120. Theft in the first degree is a class B felony. The maximum penalty is ten years' imprisonment. Presumptive terms are respectively four years' imprisonment for a second felony offender and six years for a third felony offender. AS 12.55.125(d). She was given a sentence of eight years with four years suspended and ordered to make restitution in the amount of $140,000. In sentencing Brezenoff, Judge Blair considered the [...]

    Court: Court of Appeals of Alaska Docket: 7117
  13. Lerchenstein v. State (1985)

    Adolph Lerchenstein was charged with three counts of assault in the third degree and one count of murder in the first degree. Following a jury trial, Lerchenstein was convicted on all four counts and sentenced to serve four years on one count of assault, three years on each of the other two assault counts, and sixty years on the murder count, all to run concurrently. Lerchenstein appeals his conviction and his sentence, raising three points of error. First, he contends certain evidence of prior [...]

    Court: Court of Appeals of Alaska Docket: 7729
  14. State v. Jones (1988)

    Following a jury trial, Darnell Jones was convicted of one count of sexual assault in the first degree. Jones filed an application for post-conviction relief, alleging ineffective assistance on the part of his trial counsel. After a hearing, Superior Court Judge Rene J. Gonzalez concluded that the performance rendered by Jones' trial counsel was constitutionally deficient; Judge Gonzalez entered an order setting aside Jones' conviction and granting a new trial. The state appeals, challenging [...]

    Court: Court of Appeals of Alaska Docket: A-1949
  15. Nell v. State (1982)

    Eric William Nell was indicted on charges of robbery in the first degree, AS 11.41.500(a)(1), and of theft in the second degree, AS 11.46.130(a)(1). Nell was tried before a jury and was found guilty of robbery, but not guilty of theft. Superior Court Judge Karl Johnstone sentenced Nell to a six-year term of imprisonment with one year suspended. Nell has appealed to this court alleging various errors.

    Court: Court of Appeals of Alaska Docket: 5565
  16. Pooley v. State (1985)

    Michael Pooley pled nolo contendere to misconduct involving a controlled substance in the fourth degree, AS 11.71.040(a)(3)(F), after state troopers found approximately thirty-three pounds of marijuana in suitcases brought by Pooley from California. The suitcases were seized at Anchorage International Airport shortly after Pooley's arrival, and opened pursuant to a warrant obtained shortly thereafter. Prior to entering his plea, Pooley moved to suppress the marijuana and other evidence seized [...]

    Court: Court of Appeals of Alaska Docket: A-310
  17. Lacquement v. State (1982)

    On September 27, 1980, Lacquement unlawfully entered three adjacent residences in the city of Homer, Alaska; he stole property of value from each home. Later that same day, he was contacted by police and admitted committing the burglaries. Three felony complaints were filed, charging Lacquement with burglary in the first degree in each of the three homes. Thereafter, Lacquement entered pleas of nolo contendere to the three charges, a presentence report was prepared, and his sentencing was set [...]

    Court: Court of Appeals of Alaska Docket: 5741
  18. Lepley v. State (1991)

    Frederick E. Lepley was indicted for both first- and second-degree sexual abuse of his stepdaughter, J.Y. Lepley pleaded no contest to first-degree sexual abuse of a minor, and the second-degree sexual abuse charge was dismissed. As a first felony offender, Lepley faced an 8-year presumptive term of imprisonment. AS 12.55.125(i)(1).

    Court: Court of Appeals of Alaska Docket: A-3436
  19. Skrepich v. State (1987)

    Richard Michael Skrepich was convicted after entering a plea of nolo contendere to one count of sexual abuse of a minor in the second degree, a class B felony. AS 11.41.436. Superior Court Judge Peter A. Michalski sentenced Skrepich to a maximum term of ten years' imprisonment. In addition, Judge Michalski ordered Skrepich to refrain from engaging in any direct or indirect contact with the victim of his offense. On appeal, Skrepich challenges the ten-year term as excessive and contends that [...]

    Court: Court of Appeals of Alaska Docket: A-1786
  20. Pruett v. State (1987)

    Gertraud Pruett was convicted of one count of assault in the first degree, a class A felony, AS 11.41.200(a)(1) (recklessly causing serious physical injury to another by means of a dangerous instrument). Sentencing is governed by AS 12.55.125(c), which provides in relevant part:

    Court: Court of Appeals of Alaska Docket: A-963

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