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CAVANAUGH v. STATE

No. A-1530.

754 P.2d 757 (1988)

Garrieth CAVANAUGH, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 13, 1988.

Attorney(s) appearing for the Case

Carol A. Brenckle, 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 Grace Berg Schaible, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., COATS, J., and JONES, Superior Court Judge.

OPINION

COATS, Judge.

Garrieth Cavanaugh was convicted, following a jury trial, of assault in the second degree, a class B felony. AS 11.41.210(a)(1). Cavanaugh appeals to this court arguing that the trial court erred in refusing to instruct the jury on the lesser-included offense of disorderly conduct. We conclude that the trial court erred and therefore reverse Cavanaugh's conviction.

In March 1985, Cavanaugh and Victor Ashenfelter were staying...

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