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BELGARDE v. STATE

No. 2447.

543 P.2d 206 (1975)

Gale Howard BELGARDE, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

November 28, 1975.

Attorney(s) appearing for the Case

Phillip P. Weidner, Asst. Public Defender, Herbert D. Soll, Public Defender, Martin Friedman, Anchorage, for appellant.

Stephen G. Dunning, Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, C.J., and CONNOR, ERWIN, BURKE and BOOCHEVER, JJ.

OPINION

CONNOR, Justice.

On May 8, 1974, appellant was indicted for the offense of selling marijuana in violation of AS 17.12.010, which is a felony. Before the time for trial Belgarde moved to dismiss the indictment on the ground that AS 17.12.010 was unconstitutional for various reasons. This constitutional challenge and the motion based thereon were denied by the trial court.

On February 6, 1975, Belgarde entered a plea of nolo contendere to an...

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