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HATFIELD v. STATE

Nos. 6371, 6732.

663 P.2d 987 (1983)

Dennis J. HATFIELD, Appellant, v. STATE of Alaska, Appellee. Larry EVANS, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 27, 1983.

Attorney(s) appearing for the Case

Joel H. Bolger, Asst. Public Defender, Barrow, and Dana Fabe, Public Defender, Anchorage, for appellant Hatfield.

John A. Scukanec, Asst. Atty. Gen., Anchorage, and Wilson L. Condon, Atty. Gen., Juneau, for appellee in No. 6371.

Kurt M. LeDoux, LeDoux & LeDoux, Kodiak, for appellant Evans.

Kristen Young, Asst. Atty. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee in No. 6732.

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

OPINION

BRYNER, Chief Judge.

Dennis Hatfield and Larry Evans were convicted in separate trials of theft in the second degree, AS 11.46.130(a)(1). They appeal, contending that the state's failure to preserve scrap copper, which was the object of their theft, deprived them each of a fair trial. We agree and reverse.

On the evening of November 14, 1980, William Hartman called the Kodiak police and reported the theft of two fifty gallon drums from the...

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