Stein v. State

OPINION

Alan Stein was convicted of unlawfully fishing in closed waters in violation of 5 Alaska Administrative Code (AAC) 33.-310(c)(5). The case was prosecuted on a strict liability theory as a violation pursuant to Beran v. State, 705 P.2d 1280 (Alaska App.1985). A fine of $1,000 was imposed and paid. Two years later, Stein moved, apparently in reliance on Alaska Criminal Rule 35(a), to correct his sentence and reduce the fine to $300. He relied on Constantine v. State, 739 P.2d 188 (Alaska App.1987), in which we held as a matter of statutory construction that the legislature had limited…