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BAUM v. STATE

No. A-7622.

24 P.3d 577 (2001)

James BAUM and Raymond Baum, Appellants, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 30, 2001.

Attorney(s) appearing for the Case

Kevin T. Fitzgerald, Ingaldson Maassen, P.C., Anchorage, for Appellant.

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

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

OPINION

MANNHEIMER, J.

This appeal presents two major issues of law dealing with the range of permissible punishments for big-game guiding offenses. First, when a person is convicted of a big-game guiding offense, does forfeiture of an airplane worth $40,000 violate the excessive fines clause of the Eighth Amendment to the United States Constitution? For the reasons explained here, we conclude that the answer is "no". Second, if the applicable sentencing...

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