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Ernest Morgan v. State Alaska

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eBook details

  • Title: Ernest Morgan v. State Alaska
  • Author : Court Of Appeals Of Alaska
  • Release Date : January 23, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Ernest Morgan was convicted by a jury of rape (former AS 11.15120), assault with a dangerous weapon (former AS 11.15.220), assault with intent to commit rape (former AS 11.15.160), and assault and battery (former AS 11.15.230). Superior Court Judge Charles R. Tunley sentenced Morgan to concurrent terms of ten years for rape, eight years for assault with a dangerous weapon (ADW), six years for assault with intent to commit rape, and six months for assault and battery (A & B). On appeal, Morgan challenges only his conviction and sentence for rape. Morgan argues that Judge Tunley erred in permitting the rape charge to be reinstated after it had previously been dismissed. He further contends that prosecution of the rape charge was barred by Alaskas speedy trial rule. Alaska R. Crim. P.45. Finally, he maintains that Judge Tunley was barred from imposing a sentence in excess of eight years for the rape conviction. We affirm.


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