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RIGGINS v. STATE

No. A-8701.

101 P.3d 1060 (2004)

Damyan RIGGINS, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

November 26, 2004.

Attorney(s) appearing for the Case

Quinlan Steiner, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

John A. Scukanec, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellee.

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

OPINION

COATS, Chief Judge.

The State charged Damyan Riggins with assault in the second degree, a class B felony, for striking his girlfriend Melinda Berkeen in the face with a dangerous instrument—a telephone.1 At trial, Riggins admitted hitting Berkeen with his fist, but denied that he had hit her with the telephone. Riggins's defense, therefore, was that he had...

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