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LOMINAC v. MUNICIPALITY OF ANCHORAGE

No. 5960.

658 P.2d 792 (1983)

Pearl LOMINAC, Appellant, v. MUNICIPALITY OF ANCHORAGE, Appellee.

Court of Appeals of Alaska.

February 18, 1983.

Attorney(s) appearing for the Case

Michael L. Wolverton, Asst. Public Defender, and Dana Fabe, Public Defender, Anchorage, for appellant.

David G. Berry, Asst. Municipal Prosecutor, Allen M. Bailey, Municipal Prosecutor, and Theodore D. Berns, Municipal Atty., Anchorage, for appellee.

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

OPINION

BRYNER, Chief Judge.

In this appeal, we are faced with the question whether a court may properly revoke probation and impose a sentence of imprisonment when a defendant who is given a suspended imposition of sentence on condition that she make restitution payments violates the restitution requirement because of financial inability to pay.

Pearl Lominac was convicted of assault and battery on August 14, 1980. District Court Judge John Mason...

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