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GIBSON v. STATE

Nos. A-6082, A-6162.

930 P.2d 1300 (1997)

Don L. GIBSON, Appellant, v. STATE of Alaska, Appellee. Jerry E. NEWCOMB, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

January 17, 1997.

Attorney(s) appearing for the Case

James H. Cannon, Assistant Public Defender, Fairbanks, and John B. Salemi, Public Defender, Anchorage, for Appellant Gibson.

Bethany P. Spalding, Assistant Public Defender, Fairbanks, and John B. Salemi, Public Defender, Anchorage, for Appellant Newcomb.

Marlin D. Smith, Assistant District Attorney, Harry L. Davis, District Attorney, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellee in case no. A-6082.

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee in case no. A-6162.

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

OPINION

COATS, Judge.

Don L. Gibson and Jerry E. Newcomb each pleaded no contest to the charge of misconduct involving weapons in the fourth degree, possessing a firearm on the person while impaired by intoxicating liquor. Each defendant preserved the right to argue on appeal that the misconduct involving weapons statute was unconstitutional when applied to people in their own homes or on their own property...

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