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Oksoktaruk v. State

Supreme Court of Alaska
Nov 21, 1980
619 P.2d 480 (Alaska 1980)

Opinion

No. 4147.

November 21, 1980.

Appeal from the Superior Court, Third Judicial District; Ralph E. Moody, Judge.

Walter Share, Asst. Public Defender, Brian Shortell, Public Defender, Anchorage, for appellant.

Charles William Cohen, Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, C.J., and CONNOR, BURKE and MATTHEWS, JJ.


OPINION


Phillip Oksoktaruk appeals from a judgment revoking his probation and imposing a five-year sentence for burglary not in a dwelling consecutive to another sentence of five years with two suspended imposed on him for a subsequent burglary conviction. The record of the second burglary conviction was the sole basis for the revocation of probation. Subsequent to the filing of this appeal, we reversed the second burglary conviction because of the improper admission of evidence. Oksoktaruk v. State, 611 P.2d 521 (Alaska 1980). Since the revocation of probation was based entirely on the record of the second burglary conviction, without evidence being submitted of the underlying offense, it follows that we must reverse the revocation of probation.

REVERSED AND REMANDED.

BOOCHEVER, J., not participating.


Summaries of

Oksoktaruk v. State

Supreme Court of Alaska
Nov 21, 1980
619 P.2d 480 (Alaska 1980)
Case details for

Oksoktaruk v. State

Case Details

Full title:PHILLIP OKSOKTARUK, APPELLANT, v. STATE OF ALASKA, APPELLEE

Court:Supreme Court of Alaska

Date published: Nov 21, 1980

Citations

619 P.2d 480 (Alaska 1980)

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