Lee v. State

OPINION

BRYNER, Chief Judge.

Robert E. Lee was convicted by a jury of one count of assault in the third degree in violation of AS 11.41.220(a)(2) (recklessly causing physical injury by means of a dangerous instrument) and two counts of driving while intoxicated (DWI) in violation of AS 28.35.030(a)(1), (2). Superior Court Judge Rodger Pegues sentenced Lee to a term of four years in prison with three years suspended for the assault and to a concurrent thirty-day term for the DWI convictions. Lee appeals, contending that the trial court erred in instructing the jury on the definition of…