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STATE v. OCCHIPINTI

No. 3084.

562 P.2d 348 (1977)

STATE of Alaska, Petitioner, v. The Honorable C.J. OCCHIPINTI, Judge of the Superior Court, and the Superior Court for the State of Alaska, Third Judicial Dist., Respondents, Steve Levshakoff, Real Party in Interest. STATE of Alaska, Petitioner, v. Steve LEVSHAKOFF, Respondent.

Supreme Court of Alaska.

April 8, 1977.

Attorney(s) appearing for the Case

Glen C. Anderson, Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for petitioner.

F.P. Pettyjohn, Pettyjohn & Pestinger, Anchorage, for Steve Levshakoff.

Before BOOCHEVER, Chief Justice, and RABINOWITZ, CONNOR, ERWIN and BURKE, Justices.

OPINION

BURKE, Justice.

This matter is before us on a petition for a writ of mandamus. As petitioner, the State of Alaska seeks to compel respondent C.J. Occhipinti, Judge of the Superior Court, to impose sentence upon Steve Levshakoff for the crimes of rape and assault with a dangerous weapon.

On December 4, 1975, Levshakoff entered pleas of guilty to counts I and II of a three count felony indictment. Count I charged Levshakoff with the crime of...

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