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ALLEN v. STATE

No. A-7430.

51 P.3d 949 (2002)

Albert Lee ALLEN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

Rehearing Granted October 11, 2002.

Attorney(s) appearing for the Case

Paul E. Malin, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Kenneth M. Rosenstein, 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, Judge.

In the early morning of June 15, 1994, Albert Lee Allen was visited by Devron Labat and two female friends. The visit was not friendly: Allen had been dating Labat's long-time girlfriend, Michelle Aquino, while Labat was in prison. Now that Labat had been released from prison, he wanted to convince Allen to stay away from Aquino.

After Labat explained his position to Allen...

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