Smith v. Municipality of Anchorage

OPINION

COATS, Judge.

Rodney Smith was convicted of concealment of merchandise in violation of AMC 8.05.550(B). 1 On appeal Smith argues his conviction should be reversed because the jury was not instructed that in order to convict him the jury had to find proof that he had a specific intent to conceal and a specific intent to permanently deprive the owner of the merchandise. We conclude that the ordinance does not require a specific intent to permanently deprive the owner of the merchandise. However, we interpret the ordinance as requiring an intent to conceal merchandise. We find that the…