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BELL v. STATE

No. 3612.

598 P.2d 908 (1979)

Oliver BELL, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

July 27, 1979.

Attorney(s) appearing for the Case

David C. Backstrom, Deputy Public Defender, Fairbanks, Brian Shortell, Public Defender, Anchorage, for appellant.

W.H. Hawley, Asst. Atty. Gen., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, Chief Justice, CONNOR, BOOCHEVER and MATTHEWS, Justices, and DIMOND, Senior Justice.

BOOCHEVER, Justice.

On February 13, 1977, Oliver Bell was arrested after he was found driving a vehicle reported missing by its owner. Bell did not have the consent of the owner to drive the vehicle. On February 23, 1977, the grand jury returned an indictment charging Bell with felony joyriding, in violation of AS 28.35.010. The felony indictment was based upon the language of AS 28.35.010(a) which permits the offender to be charged with a felony "[u]pon a conviction...

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