SMITH v. STATE

No. A-7806.

28 P.3d 323 (2001)

Charles W. SMITH, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

July 27, 2001.


Attorney(s) appearing for the Case

Darrel J. Gardner, Assistant Public Advocate, and Brant G. McGee, Public Advocate, Anchorage, for Appellant.

Kevin L. Donley, Assistant District Attorney, and Susan A. Parkes, District Attorney, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.


OPINION

STEWART, Judge.

A person commits first-degree weapons misconduct under AS 11.61.190(a)(2) if the person "discharges a firearm from a propelled vehicle while the vehicle is being operated," and if this discharge is done "under circumstances manifesting a substantial and unjustifiable risk of physical injury to a person or damage to property." This offense is a class A felony.1 Under AS 12.55.125(c), a first felony...

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