Legal Opinion

Borja v. State

Court of Appeals of Alaska

Decided December 16, 1994No. A-4891PublishedCited by 8 opinions

1Opinion of the Court

OPINION

MANNHEIMER, Judge.

Daniel Borja appeals the sentence he received for fourth-degree misconduct involving a controlled substance (possession of cocaine), AS 11.71.040(a)(3)(A). The issue is whether Borja was a second-felony offender for presumptive sentencing purposes.

Before he committed the present offense, Borja was convicted in California of being an accessory to robbery (driving the getaway car). See California Penal Code § 32 (accessory after the fact to a felony) and § 211 (robbery). Under California law, Borja’s crime was a misdemeanor, punishable by a term of imprisonment not…

2Cases cited13 opinions

  1. Wells v. StateCourt of Appeals of Alaska · 1984
  2. Galmore v. StateIndiana Supreme Court · 1984
  3. State v. WaitCourt of Appeals of Washington · 1973
  4. Walsh v. StateCourt of Appeals of Alaska · 1984
  5. People v. DabneyCalifornia Court of Appeal · 1967

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. SimpsonCourt of Appeals of Alaska · 2002
  2. State, Dept. of Public Safety v. Doe IAlaska Supreme Court · 2018
  3. Timothy v. StateCourt of Appeals of Alaska · 2004
  4. Mancini v. StateCourt of Appeals of Alaska · 1995
  5. State v. DelagarzaCourt of Appeals of Alaska · 2000

3 more not listed; retrieve them via the Exa API.

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