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DOBBERKE v. STATE

No. A-7561.

40 P.3d 1244 (2002)

Donald R. DOBBERKE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

February 8, 2002.

Attorney(s) appearing for the Case

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

Maarten Vermaat and Kim S. Stone, Assistant Attorneys General, Office of Special Prosecutions and Appeals, Anchorge, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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

OPINION

STEWART, Judge.

A jury convicted Donald R. Dobberke of first-degree vehicle theft.1 However, we conclude that the jury instructions constituted plain error because they failed to specify that Dobberke's initial taking of the car had to be trespassory. Therefore, we reverse Dobberke's conviction.

Facts and Proceedings

On August 7, 1998, Dobberke rented a 1996 Mercury Mystique from the Hertz...

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