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SIVERTSEN v. STATE

No. S-8832.

981 P.2d 564 (1999)

Rod A. SIVERTSEN, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

Rehearing Denied July 19, 1999.

Attorney(s) appearing for the Case

Phillip M. Pallenberg, Assistant Public Defender, Juneau, and Barbara K. Brink, Public Defender, Anchorage, for Petitioner.

John A. Scukanec, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Respondent.

Before MATTHEWS, Chief Justice, COMPTON, EASTAUGH, FABE, and BRYNER, Justices.

OPINION

PER CURIAM.

This petition for hearing requires us to decide whether the prosecution impermissibly shifts the burden of proving its case beyond a reasonable doubt by arguing to the jury that it can "assume" that the defendant intended his acts. Although we conclude that the prosecutor's statement was objectionable, we also conclude that any error in allowing the statement was harmless given the court's instructions and the weight of evidence...

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