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DeHART v. STATE

No. A-2617.

781 P.2d 989 (1989)

Wayne L. DeHART, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

October 20, 1989.

Attorney(s) appearing for the Case

Marcia E. Holland, Asst. Public Defender, Fairbanks, and John B. Salemi, Public Defender, Anchorage, for appellant.

Nancy R. Simel, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Douglas B. Baily, Atty. Gen., Juneau, for appellee.

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

OPINION

BRYNER, Chief Judge.

Following a jury trial, Wayne L. DeHart was convicted of three counts of assault in the third degree, in violation of AS 11.41.220(a)(1). Superior Court Judge Richard D. Savell sentenced DeHart to concurrent presumptive terms of one year. DeHart appeals, contending that the superior court erred in failing to instruct the jury that reasonable fear is a necessary element of third-degree assault. DeHart also contends that the court...

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