OPINION Judge MANNHEIMER . Matthew James Treptow appeals his conviction for felony driving under the influence. 1 Treptow's offense was classified as a felony because he had two prior convictions for DUI within the preceding ten years, one from Alaska and one from Arizona. In this appeal, Treptow argues that his Arizona DUI conviction should not be counted because of a purported difference between Arizona law and Alaska law. Under Arizona law, a person charged with a crime (felony or...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge MANNHEIMER . James Henry Jones appeals his conviction for first-degree burglary (burglary of a dwelling), AS 11.46.300(a)(1). Jones contends, on...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge MANNHEIMER . Ronald Allen McIntosh appeals his convictions for first- and second-degree sexual assault, as well as second- and fourth-degree assault....
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge MANNHEIMER . In January 2007, Johnny Russell Ingles was released from prison on mandatory parole after he had served a substantial portion of his...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge SUDDOCK . Byron Demantle appeals his conviction for attempting to import more than ten and one-half liters of alcohol into a local option...
OPINION Judge ALLARD . A jury found Yuri Berezyuk guilty of second-degree misconduct involving a controlled substance (possession of heroin with the intent to distribute) and fourth-degree misconduct involving a controlled substance (simple possession) 1 after Wasilla police found Berezyuk slumped over the wheel of his brother's car and in possession of 14 grams of heroin and other drug paraphernalia. At trial, the prosecutor sought to introduce evidence of Berezyuk's prior conviction...
OPINION Judge ALLARD . James Kevin Coleman 1 was convicted, following a jury trial, of second-degree burglary, second-degree theft, and fifth-degree criminal mischief based on allegations that he broke into a storage shed used by a commercial bike shop and stole two bicycles. 2 Coleman was also convicted of making a false report. 3 On appeal, Coleman challenges his conviction for burglary, arguing that the bicycle storage shed was too small to qualify as a "building" for purposes of...
OPINION Judge MANNHEIMER . Virginia Mae Stamper and her husband Jesse Robert Beebe were convicted of crimes arising from Stamper's theft of merchandise from a grocery store in Big Lake. Stamper, who took the merchandise from the store, was convicted of second-degree theft (theft of property valued at $500 or more). 1 Beebe, who was waiting for Stamper in a van in the parking lot, was convicted of third-degree assault for using the van to strike a customer who tried to stop Stamper and...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge MANNHEIMER . Ismael Tangonan Balallo was convicted of first-degree sexual assault based on an incident that occurred in Unalaska in March 2012....
OPINION Judge MANNHEIMER . On the evening of February 2, 2014, an Anchorage police officer saw a vehicle "fishtail" as the driver made a turn from Arctic Boulevard east onto Fireweed Lane. As the driver made the turn, the rear end of the vehicle slid into the adjacent lane. The driver immediately corrected the vehicle, but the officer decided to make a traffic stop. Craig Snook, a convicted felon, was a passenger in this vehicle. During the traffic stop, the officer discovered that...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge MANNHEIMER . Michael Damian Ponte was convicted of first-degree assault after a three-year-old child who was left in his care suffered brain trauma...
OPINION Judge SUDDOCK . James William Leffel was convicted of first-degree assault 1 for stabbing another man in the leg during a confrontation outside the Buckaroo Club, an Anchorage bar. In this appeal, Leffel argues that the prosecutor improperly commented on Leffel's post-arrest silence. We agree that the prosecutor should not have characterized Leffel's claim of self-defense as "new information," thus implying that Leffel had not disclosed this information to the police. However,...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge SUDDOCK . After Alaska State Trooper Joel Miner arrested Leon Duane Bradford for driving with a revoked driver's license, Trooper Miner...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge WOLLENBERG . After a jury trial, Lindsey Melvin Duny was convicted of second-degree burglary, third-degree criminal mischief, and fourth-degree theft...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge ALLARD . Following a joint trial, Michael Thomas Hedgpeth and Mark Preston Purcella were convicted of multiple counts of fourth-degree misconduct...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge SUDDOCK . Following a jury trial, Frank Byron Yarra Jr. was convicted of second-degree theft 1 for stealing a bicycle valued at $500 or more. On...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge SUDDOCK . Appellant Samuel Duane Mishler and his domestic partner, C.K.A., were involved in a drunken altercation with George Brower that...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge MANNHEIMER . In December 2013, Rafael Manuel Montas was facing criminal charges in an unrelated case, and his long-time girlfriend, Julia Rivera,...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION ALLARD , Judge . In 2000, William G. Yatchmenoff was convicted of six counts of first-degree sexual abuse of a minor. 1 At sentencing, the sentencing...
Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION Judge MANNHEIMER . Virginia Mae Stamper and her husband Jesse Robert Beebe were convicted of crimes arising from Stamper's theft of merchandise from a...
