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FERMOYLE v. STATE

Nos. 5578, 5579.

638 P.2d 1320 (1982)

James FERMOYLE and Harold Harvey Joe, Appellants, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

January 14, 1982.

Attorney(s) appearing for the Case

Allan D. Beiswenger, Asst. Public Defender, Kenai, and Brian Shortell, Public Defender, Anchorage, for appellants.

John A. Scukanec, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Wilson L. Condon, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

PER CURIAM.

These consolidated appeals raise the question whether either AS 12.55.088 or revised Alaska Criminal Rule 35(b) apply to defendants convicted and sentenced before January 1, 1980, the effective date of the revised Alaska Criminal Code.

Appellant James Fermoyle was sentenced on February 22, 1974, by Superior Court Judge James A. Hanson to serve a fifteen-year sentence for the crime of assault with intent to rape in violation of...

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