DeHart v. State

OPINION

BRYNER, Chief Judge.

Following a jury trial, Wayne L. DeHart was convicted of three counts of assault in the third degree, in violation of AS 11.41.-220(a)(1). Superior Court Judge Richard D. Saveli sentenced DeHart to concurrent presumptive terms of one year. DeHart appeals, contending that the superior court erred in failing to instruct the jury that reasonable fear is a necessary element of third-degree assault. DeHart also contends that the court erred in imposing one year presumptive sentences. We affirm DeHart’s conviction but remand for resen-tencing.

On November 4, 1987, DeHart…