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BOWEN v. STATE

Court of Appeals No. A-13756.

533 P.3d 935 (2023)

James Buster BOWEN, Petitioner, v. STATE of Alaska, Respondent.

Court of Appeals of Alaska.

June 30, 2023.

Attorney(s) appearing for the Case

David A. Case (petition) and George W.P. Madeira Jr. (briefing and argument), Assistant Public Defenders, and Samantha Cherot , Public Defender, Anchorage, for the Petitioner.

Diane L. Wendlandt , Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor , Attorney General, Juneau, for the Respondent.

Before: Allard, Chief Judge, and Wollenberg and Harbison, Judges.

OPINION

Alaska Statute 11.71.050(a)(4) criminalizes the simple possession of most controlled substances. This offense is classified as fifth-degree misconduct involving a controlled substance, a class A misdemeanor. But the same conduct is classified under AS 11.71.040(a)(12) as fourth-degree misconduct involving a controlled...

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