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McKINNEY v. STATE

No. 2758.

570 P.2d 733 (1977)

Billy McKINNEY, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

November 4, 1977.

Attorney(s) appearing for the Case

Walter L. Carpeneti, Asst. Public Defender, Juneau, and Brian Shortell, Public Defender, Anchorage, for appellant.

Larry Weeks, Dist. Atty. and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before BOOCHEVER, Chief Justice, RABINOWITZ, CONNOR and BURKE, Justices, and DIMOND, Justice Pro Tem.

OPINION ON REHEARING

BOOCHEVER, Chief Justice.

The petition for rehearing is granted, and the case is remanded for resentencing.

The state in its memorandum concedes that:

Mr. McKinney may have been "prejudiced" by his failure to obtain a continuance before sentencing in the sense that there was possible favorable testimony that could have been offered had he obtained a continuance.1

Counsel for defendant...

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