OSTROSKY v. STATE

No. A-1362.

725 P.2d 1087 (1986)

Harold C. OSTROSKY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

October 3, 1986.


Attorney(s) appearing for the Case

Sen K. Tan, Asst. Public Defender, and Dana Fabe, Public Defender, Anchorage, for appellant.

Cynthia M. Hora, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Harold M. Brown, Atty. Gen., Juneau, for appellee.

Before BRYNER, Chief Judge, and COATS and SINGLETON, Judges.


OPINION

COATS, Judge.

In Ostrosky v. State, 704 P.2d 786 (Alaska App. 1985), we held that reasonable mistake of law based on an official misstatement is an affirmative defense, which the defendant must prove to the court by a preponderance of the evidence. Id. at 792. Because Ostrosky made an offer of proof in the trial court which presented a colorable claim of reasonable mistake of law, we remanded the case...

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