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SEMANCIK v. STATE

No. A-7286.

57 P.3d 682 (2002)

Wayne W. SEMANCIK, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

October 17, 2002.

Attorney(s) appearing for the Case

David D. Reineke, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Kim S. Stone, 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.

Wayne W. Semancik threatened his neighbors with a firearm and broke a window of their house in an attempt to enter the residence because he believed (falsely) that they had stolen his dog. For this conduct, Semancik was indicted for attempted first-degree burglary.1 But the indictment was flawed.

The crime of burglary consists of unlawfully entering or remaining in a building with the...

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