STEWART v. STATE

No. A-1117.

756 P.2d 900 (1988)

Darryl G. STEWART, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 13, 1988.


Attorney(s) appearing for the Case

Susan Orlansky, Asst. Public Defender, and Dana Fabe, Public Defender, Anchorage, for appellant.

John A. Scukanec, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Grace Berg Schaible, Atty. Gen., Juneau, for appellee.

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


OPINION

COATS, Judge.

Darryl G. Stewart was convicted of one count of misconduct involving a controlled substance in the second degree (delivery of heroin). AS 11.71.020(a). Following a bench trial before Superior Court Judge Karl S. Johnstone, Stewart was sentenced to eight years' imprisonment with three years suspended. Stewart appeals his conviction and sentence. We affirm his conviction, but remand for resentencing.

FACTS

The charge...

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