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SUNDBERG v. STATE

No. 6018.

657 P.2d 843 (1982)

Russell P. SUNDBERG, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

December 23, 1982.

Attorney(s) appearing for the Case

Dana Fabe, Public Defender, Anchorage, for appellant.

Elizabeth H. Sheley, Asst. Atty. Gen., Anchorage, and Wilson L. Condon, Atty. Gen., Juneau, for appellee.

Before COATS and SINGLETON, JJ., and BUCKALEW, Superior Court Judge.

OPINION

SINGLETON, Judge.

Russell P. Sundberg was convicted of burglary not in a dwelling, former AS 11.20.100, and given a five-year sentence. Sundberg was caught in the act of burglarizing a business establishment. During his capture, he was shot by one of the arresting officers. He successfully argued to the trial court that the officers used excessive force in accomplishing the arrest and, as a result, the trial court held that Sundberg had been illegally...

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