Nukapigak v. State

OPINION ON REHEARING

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR and BURKE, JJ. BURKE, Justice.

Following our affirmance of his sentences for rape and assault with a dangerous weapon, in Nukapigak v. State, 562 P.2d 697 (Alaska 1977), Clifford Nukapigak, the appellant, petitioned for rehearing. By direction of the court, the clerk entered an order permitting oral argument on the petition. Now, we reaffirm our earlier decision.

Nukapigak contends that we overlooked or misconceived a material fact or proposition of law.1 Specifically, he complains of our holding that the trial court was…