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JONES v. STATE

No. A-965.

719 P.2d 265 (1986)

Anthony JONES, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 23, 1986.

Attorney(s) appearing for the Case

William A. Davies, Asst. Public Defender, Fairbanks, and Dana Fabe, Public Defender, Anchorage, for appellant.

James V. Gould, 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

COATS, Judge.

Anthony Jones was convicted, after a jury trial, of theft in the second degree, AS 11.46.130(a)(1). He appealed on the basis of a purported ex parte communication between trial Judge James R. Blair and the jury. We remanded for an evidentiary hearing.1

The record reflects that at trial the judge instructed the jury that one element of theft in the second degree required the defendant to "obtain...

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