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WALUNGA v. STATE

No. 4746.

630 P.2d 527 (1980)

Allen R. WALUNGA, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

July 25, 1980.

Attorney(s) appearing for the Case

Christopher E. Zimmerman, Fairbanks, for appellant.

Mark I. Wood, Asst. Dist. Atty., Harry L. Davis, Dist. Atty., Fairbanks, and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice.

OPINION

PER CURIAM.

Allen Walunga appeals from the denial of his motion for post-conviction relief.1 He claims that he was incapable of effectively waiving his constitutional right to trial by jury2 because of mental illness, and that the superior court erred in failing to inquire into Walunga's capacity at the time it accepted the waiver of jury trial. We affirm.

Walunga was convicted in...

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