State v. Covington

OPINION ON REHEARING

SINGLETON, Judge.

In its petition for rehearing, the state takes exception to this court’s holding in Covington v. State, 703 P.2d 436 (Alaska App.1985), that Covington was denied his constitutional right to a unanimous verdict. In our first consideration of this case, we found error because the state did not elect a specific incident within each count relied upon for conviction, and because no clarifying instruction was given requiring jury unanimity as to the incident or incidents of sexual abuse of which Covington was found guilty. 703 P.2d at 441. The state argues that…