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STATE v. RESEK

Nos. A-591, A-634 and A-680.

706 P.2d 706 (1985)

STATE of Alaska, Appellant, v. Alexander RESEK, Jr., Appellee. STATE of Alaska, Appellant, v. Thomas FRUICHANTIE, Appellee. Johnny McBETH, Petitioner, v. STATE of Alaska, Respondent.

Court of Appeals of Alaska.

October 11, 1985.

Attorney(s) appearing for the Case

John B. Gaguine, Asst. Dist. Atty., and Norman C. Gorsuch, Atty. Gen., Juneau, for appellant in Nos. A-591, A-634, and for respondent in No. A-680.

David V. George, George & Allison, PC, Juneau, for appellee in No. A-591.

James W. McGowan, Asst. Public Defender, Sitka, and Dana Fabe, Public Defender, Anchorage, for appellee in No. A-634.

Robert Reed Shelley, Juneau, for petitioner in No. A-680.

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

OPINION

SINGLETON, Judge.

In three unrelated prosecutions, Alexander Resek, Jr., Thomas Fruichantie, and Johnny McBeth were prosecuted for introducing marijuana into penal institutions in which they were confined. The state relied upon AS 11.56.375,1 and AS 11.56.380.2

Judge Pegues and Judge Craske held, respectively, in the cases of Resek and Fruichantie, that the term "controlled...

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