TALLENT v. STATE

No. A-6267.

951 P.2d 857 (1997)

Paul A. TALLENT, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

Order Denying Rehearing January 26, 1998.


Attorney(s) appearing for the Case

Suzanne Weller, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

William H. Hawley, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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


OPINION

MANNHEIMER, Judge.

Paul A. Tallent was convicted of second-degree theft under AS 11.46.130(a)(6)(C). This statute provides that a theft of between $50 and $500 — an offense that would normally be third-degree theft — constitutes second-degree theft if the defendant has been convicted of similar thefts twice before in the preceding five years. Tallent's appeal raises two issues, both involving the question of whether the jury...

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