Viveros v. State

OPINION

Before BRYNER, C. J., and COATS and SINGLETON, JJ. PER CURIAM.

This is a sentence appeal following resen-tencing ordered by the supreme court in Viveros v. State, 606 P.2d 790 (Alaska 1980). Following a jury trial, Viveros was convicted of armed robbery under former AS 11.-15.240 and AS 11.15.295. 1 On appeal the supreme court held that a disjunctive in the jury instructions invalidated Viveros’ conviction under AS 11.15.295, leaving stand his conviction for robbery under AS 11.15.-240. The state elected not to retry Viveros for armed robbery, and resentencing was required by the…