Shaw v. State

OPINION ON REHEARING

SINGLETON, Judge.

John Shaw has petitioned for rehearing making three arguments, one of which we agree requires further comment. Shaw argues that the court has misconceived a fact that is critical to the correct resolution of his case. Specifically, he argues that we upheld Judge Hodges’ decision rejecting Shaw’s argument that his conduct was among the least serious included in the definition of the offense, AS 12.55.155(d)(9), based upon a fact finding by the three-judge panel that Shaw intended to use the weapon for illegal purposes. Shaw argues that Judge Hodges…