STATE, DEPT. OF REVENUE v. COSIO

No. 3998.

858 P.2d 621 (1993)

STATE of Alaska, DEPARTMENT OF REVENUE, PERMANENT FUND DIVIDEND DIVISION, Petitioner, v. Arturo COSIO and Tomas Cosio, Respondents.

Supreme Court of Alaska.

August 20, 1993.


Attorney(s) appearing for the Case

Joyce James, Vincent L. Usera, Asst. Attys. Gen., Charles E. Cole, Atty. Gen., Juneau, for petitioner.

Helen L. Simpson, Simpson & Thompson, Anchorage, for respondents.

Jeffrey D. Mahlen, Asst. Public Defender, John B. Salemi, Public Defender, Anchorage, for Alaska Public Defender Agency, amicus curiae.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON, and MOORE, JJ.


OPINION

MATTHEWS, Justice.

Under AS 43.23.005(a)(1) a "state resident" is entitled to receive a permanent fund dividend. Alaska Statute 43.23.095(8) defines "state resident" as "an individual who is physically present in the state with the intent to remain permanently in the state... ." From 1985 to 1987, Arturo and Tomas Cosio were in the United States illegally. During that period, however, both men were physically present in Alaska and intended to remain...

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