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YAKO v. STATE

No. A-10858.

317 P.3d 627 (2014)

Edward S. YAKO, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

January 24, 2014.

Attorney(s) appearing for the Case

Kelly R. Taylor , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, for the Appellant.

Eric A. Ringsmuth , Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for the Appellee.

Before: MANNHEIMER, Chief Judge, ALLARD, Judge, and E. SMITH, Superior Court Judge.

OPINION

Judge MANNHEIMER.

Edward S. Yako was convicted of bootlegging — i.e., selling alcoholic beverages without a license — in Bethel. The issue presented in this appeal is whether Yako should be convicted of a felony or a misdemeanor.

The unlicensed sale of alcoholic beverages is normally a class A misdemeanor. See AS 04.16.200(a). However, the offense is a class C felony if the State proves that it occurred...

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