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NORBERT v. STATE

No. A-865.

718 P.2d 160 (1986)

Michael NORBERT, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

Rehearing Denied May 22, 1986.

Attorney(s) appearing for the Case

Kevin F. McCoy, Asst. Public Defender, Kenai, and Dana Fabe, Public Defender, Anchorage, for appellant.

Nancy R. Simel, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Harold M. Brown, Atty. Gen., Juneau, for appellee.

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

OPINION

SINGLETON, Judge.

Michael Norbert appeals his conviction by a jury on two counts of third-degree assault in violation of AS 11.41.220(a)(1). Norbert challenges: (1) the validity of the indictment on the basis of prosecutorial vindictiveness; (2) the trial court's refusal to give lesser-included instructions on fourth-degree assault and disorderly conduct; and (3) his sentence as excessive. We find that the trial court erred in failing to give a lesser...

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