STATE v. CARLSON

Nos. 2908, 2913.

560 P.2d 26 (1977)

STATE of Alaska, Petitioner, v. The Honorable Victor D. CARLSON, Judge of the Superior Court, and the Superior Court for the State of Alaska, Third Judicial District, Respondents, Tyrone Davenport, Real Party in Interest. Tyrone DAVENPORT, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

February 16, 1977.


Attorney(s) appearing for the Case

Glen C. Anderson, Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for State of Alaska.

James L. Johnston of Opland & Johnston, Anchorage, for Davenport.

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


CONNOR, Justice.

This petition for a writ of mandamus1 requires us to construe AS 12.55.050, Alaska's habitual criminal statute.2

On July 5, 1969, Tyrone Davenport committed burglary.3 He was convicted of this offense on December 24, 1969. On July 1, 1971, Davenport committed the offense of receiving and concealing stolen goods. On September 22, 1971 he committed an assault...

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