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STATE v. SUMMERVILLE

No. S-7869.

948 P.2d 469 (1997)

STATE of Alaska, Petitioner, v. David E. SUMMERVILLE, Respondent.

Supreme Court of Alaska.

Rehearing Denied January 2, 1998.

Attorney(s) appearing for the Case

Eric A. Johnson, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Petitioner.

William R. Satterberg, Jr., Law Offices of William R. Satterberg, Jr., Fairbanks, for Respondent.

Marcia E. Holland, Assistant Public Defender, Fairbanks, and Barbara K. Brink, Public Defender, Anchorage, for Amicus Curiae Alaska Public Defender Agency.

James H. McComas, Pro Bono Counsel, Anchorage, for Amicus Curiae Office of Public Advocacy.

Before MATTHEWS, C.J., and COMPTON, EASTAUGH and FABE, JJ.

OPINION

PER CURIAM.

The decision in this case is controlled by Scott v. State, 519 P.2d 774 (Alaska 1974), unless we are persuaded to overrule Scott. In State v. Dunlop, 721 P.2d 604 (Alaska 1986), we stated:

We do not lightly overrule our past decisions.... [I]t is a "salutory policy to follow past decisions." ... [W]here we are "clearly convinced the...

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