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FIELDING v. STATE

No. A-4261.

842 P.2d 614 (1992)

Jim FIELDING, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

December 4, 1992.

Attorney(s) appearing for the Case

Jennifer A. Walker, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for appellant.

Donald R. Kitchen, Asst. Dist. Atty., Edward E. McNalley, Dist. Atty., Anchorage, and Charles E. Cole, Atty. Gen., Juneau, for appellee.

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

OPINION

COATS, Judge.

Jim Fielding was convicted following a jury trial of driving while license suspended (DWLS), AS 28.15.291(a)(1). On appeal, he contends the trial court erred in instructing the jury that the Glenn Highway is a highway as that term is used in the DWLS statute. We reverse.

At trial, the primary fact in contention was whether Fielding drove on a highway or a vehicular way. See AS...

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