Legal Opinion

Wooley v. State

Court of Appeals of Alaska

Decided December 11, 2009No. A-9335PublishedCited by 8 opinions

1Opinion of the Court

OPINION

MANNHEIMER, Judge.

In this appeal, we are asked to clarify what the legislature meant when they provided, in AS 11.46.180(a)(6), that a theft of property valued at between $50 and $500 would be enhanced by one degree-from third-degree theft to second-degree theft-if, within the preceding five years, the defendant has been convicted and sentenced for first-, second-, or third-degree theft "on two or more separate occasions".

For the reasons explained in this opinion, we conclude that this statutory language should be interpreted as codifying the rule set forth in State v. Carlson, 560…

2Cases cited7 opinions

  1. State v. CarlsonAlaska Supreme Court · 1977
  2. Gonzales v. StateAlaska Supreme Court · 1978
  3. State v. RastopsoffCourt of Appeals of Alaska · 1983
  4. State v. ABC TOWINGCourt of Appeals of Alaska · 1998
  5. Tulowetzke v. State, Department of Public SafetyAlaska Supreme Court · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ward v. State, Department of Public SafetyAlaska Supreme Court · 2012
  2. Gou-Leonhardt v. StateCourt of Appeals of Alaska · 2014
  3. Eberhardt v. StateCourt of Appeals of Alaska · 2012
  4. Eberhardt v. StateCourt of Appeals of Alaska · 2012
  5. Eberhardt v. StateCourt of Appeals of Alaska · 2012

3 more not listed; retrieve them via the Exa API.

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