CLELAND v. STATE

Nos. A-1816, A-1820, A-1918, A-1958, A-1973, A-2012, A-2013 and A-2034.

759 P.2d 553 (1988)

Leonard CLELAND, Appellant, v. STATE of Alaska, Appellee. Kenneth C. WILSON, Appellant, v. STATE of Alaska, Appellee. David J. RUSSI, Appellant, v. STATE of Alaska, Appellee. Lawrence A. DELY, Jr. Appellant, v. STATE of Alaska, Appellee. James GOHR, Appellant, v. STATE of Alaska, Appellee. Jon A. BURNS, Appellant, v. STATE of Alaska, Appellee. Darryl G. STEWART, Appellant, v. STATE of Alaska, Appellee. Charles S. RHODES, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

July 29, 1988.


Attorney(s) appearing for the Case

Craig J. Tillery, Alex Swiderski, Asst. Public Defenders, Palmer, and Dana Fabe, Public Defender, Anchorage, for appellants.

John A. Scukanec, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Grace Berg Schaible, Atty. Gen., Juneau, for appellee.

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


OPINION

SINGLETON, Judge.

These eight cases, consolidated on appeal, present a constitutional challenge to the felony classification for possession of marijuana in a correctional facility. This court exercises its independent judgment on this purely legal issue. State v. Resek, 706 P.2d 706, 707 (Alaska App. 1985).

FACTS AND PROCEEDINGS

All eight defendants were indicted separately for promoting...

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