CITY OF KODIAK v. JACKSON

No. 3480.

584 P.2d 1130 (1978)

CITY OF KODIAK, Appellant, v. Dell JACKSON and Michael Howard, Appellees.

Supreme Court of Alaska.

October 6, 1978.


Attorney(s) appearing for the Case

Michael W. Sharon, Cole, Hartig, Rhodes, Norman & Mahoney, Kodiak, for appellant.

Sue Ellen Tatter, Asst. Public Defender, Brian Shortell, Public Defender, Anchorage, for appellees.

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


OPINION

BURKE, Justice.

In this appeal we must decide whether the City of Kodiak is prohibited by the state constitution from enforcing an ordinance requiring one to serve a mandatory minimum sentence of imprisonment upon conviction of assault against a police officer. We conclude that the ordinance is unenforceable to the extent that it requires the imposition and execution of mandatory minimum sentences.

In November of 1976, following a fight at...

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