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MORGAN v. STATE

Court of Appeals No. A-13512 No. 2739.

523 P.3d 1254 (2023)

Mike Steely MORGAN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

January 27, 2023.

Attorney(s) appearing for the Case

Bradly A. Carlson , Law Office of Bradly A. Carlson, LLC, under contract with the Public Defender Agency, and Samantha Cherot , Public Defender, Anchorage, for the Appellant. Seneca Theno Freitag , Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor , Attorney General, Juneau, for the Appellee.

Before: Wollenberg, Harbison, and Terrell, Judges.

OPINION

Under AS 11.41.230(a)(1), a person who recklessly causes physical injury to another person commits the crime of fourth-degree assault. This offense is generally classified as a class A misdemeanor, but under AS 11.41.220(a)(5), the offense is elevated to third-degree assault, a class C felony, if the defendant has...

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