Smith v. State

Judge WOLLENBERG.

A jury found James Earl Smith guilty of first-degree robbery, first-degree burglary, second-degree assault, and second-degree theft in connection with a home invasion. At Smith's sentencing, the trial court merged the theft, but not the assault, into the robbery conviction.

On appeal, Smith argues that Alaska's double jeopardy clause requires the merger of the robbery and the assault into a single conviction. Smith also argues that the judgment fails to properly reflect the merger of the robbery and the theft into a single conviction. We agree with Smith on both points and…