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SCHAREN v. STATE

No. A-10550.

249 P.3d 331 (2011)

David J. SCHAREN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 18, 2011.

Attorney(s) appearing for the Case

Margi A. Mock , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, for Appellant.

Ann B. Black , Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Daniel S. Sullivan , Attorney General, Juneau, for Appellee.

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

OPINION

MANNHEIMER, Judge.

David J. Scharen appeals his conviction for driving under the influence. Scharen argues that the trial judge committed error by refusing to instruct the jury on the defense of "necessity". For the reasons explained in this opinion, we conclude that the trial evidence fails to support a defense of necessity. In particular, the evidence, even when construed in the light most favorable to Scharen, fails to support the conclusion...

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