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ALEX v. STATE

No. A-8839.

127 P.3d 847 (2006)

Timothy G. ALEX, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

Rehearing Denied February 16, 2006.

Attorney(s) appearing for the Case

Carmen E. Clark, Law Offices of Pamela Dale, for the Appellant.

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

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

OPINION

MANNHEIMER, Judge.

Timothy G. Alex was convicted of weapons offenses after the police recovered a pistol from under the passenger seat of the vehicle in which Alex was riding. At trial, Alex claimed that he had no idea that the pistol was there.

Toward the close of the trial, Alex's trial judge proposed to instruct the jury that a person is in "constructive possession" of an item if the person has "the power to exercise dominion or...

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