KANIPE v. STATE

No. 4993.

620 P.2d 678 (1980)

David Lee KANIPE, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

December 5, 1980.


Attorney(s) appearing for the Case

James D. Oswald, Asst. Public Defender and Brian Shortell, Public Defender, Anchorage, for appellant.

Eugene P. Murphy, Asst. Dist. Atty., Larry R. Weeks, Dist. Atty., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

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


OPINION

CONNOR, Justice.

At about 6:00 a.m. on August 18, 1978, David Kanipe and a companion threw some rocks through the display window of a jewelry store on Fourth Avenue in downtown Anchorage. They reached in and helped themselves to some baubles and were arrested a few minutes latter. Kanipe was drunk at the time.

Kanipe pled guilty to burglary not in a dwelling,1 and on...

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