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STATE v. WALKER

No. A-4979.

887 P.2d 971 (1994)

STATE of Alaska, Appellant, v. Kelvin A. WALKER, Appellee.

Court of Appeals of Alaska.

December 23, 1994.

Attorney(s) appearing for the Case

John A. Scukanec, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Bruce M. Botelho and Charles E. Cole, Attys. Gen., Juneau, for appellant.

Gina M. Tabachki, Asst. Public Defender, Fairbanks, and John B. Salemi, Public Defender, Anchorage, for appellee.

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

OPINION

MANNHEIMER, Judge.

Kelvin A. Walker was charged with two counts of first-degree assault, AS 11.41.200(a)(1) and (a)(2). A superior court jury convicted him of one count and acquitted him of the other. Acting Superior Court Judge Charles R. Pengilly concluded that the jury's verdicts were inconsistent, and so he granted Walker a new trial on the surviving count. The State appeals Judge Pengilly's order. For reasons explained below, we remand...

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