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DRESNEK v. STATE

Nos. S-963, S-973, S-1085, S-1122 and S-1231.

718 P.2d 156 (1986)

Stephan J. DRESNEK, Petitioner, v. STATE of Alaska, Respondent. Onno J. SPIERINGS, Petitioner, v. STATE of Alaska, Respondent. Condrat KRUKOFF, Petitioner, v. STATE of Alaska, Respondent. Robert OKPEAHA, Jr., Petitioner, v. STATE of Alaska, Respondent. John B. BALENTINE, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

May 2, 1986.

Attorney(s) appearing for the Case

Susan Orlansky, Asst. Public Defender, Anchorage, Dana Fabe, Public Defender, Anchorage, for petitioners Stephan A. Dresnek and Condrat Krukoff.

Robert D. Bacon, Cynthia M. Hora, Asst. Attys. Gen., Anchorage, Harold M. Brown, Atty. Gen., Juneau, for respondent.

Tina Kobayashi, Asst. Public Defender, Anchorage, Dana Fabe, Public Defender, Anchorage, for petitioner Onno J. Spierlings.

William A. Davies, Asst. Public Defender, Fairbanks, Dana Fabe, Public Defender, Anchorage, for petitioner Robert Okpeaha, Jr.

Sen K. Tan, Asst. Public Defender, Anchorage, Dana Fabe, Public Defender, Anchorage, for petitioner John B. Balentine.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

PER CURIAM.

We have granted review in these cases, limited to the question of "whether a trial court may give, over the criminal defendant's objection, a `transition' instruction that the jurors must unanimously find the defendant not guilty of a greater offense before they may render a verdict on whether he is guilty of any lesser included offense." The court of appeals answered this question in the affirmative. We agree for the reasons stated by...

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