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Date: 01-27-2023
Case Style:
Mike Steely Morgan v. State of Alaska
Case Number: A-13512
Judge: Harbison
Court: Court of Appeals of Alaska on appeal from the Superior Court, Third Judicial District, Anchorage Borough
Plaintiff's Attorney: "Seneca Theno Freitag, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for the Appellee.
Defendant's Attorney:
Description: Anchorage, Alaska criminal defense lawyer represented Defendant charged with fourth-degree assault.
Mike Steely Morgan was convicted in 2019, following a jury trial, of third-degree assault under the repeat-offender provision of AS 11.41.220(a)(5).[1] To meet its burden under this provision, the State presented evidence of Morgan's 2017 conviction for assault under Anchorage Municipal Code (AMC) 08.10.010(B)(1) and his 2016 conviction for assault on a police officer under AMC 08.10.010(D). The State argued that both of these offenses had "elements similar" to the elements of fourth-degree assault under AS 11.41.230(a)(1) - an offense that is specifically enumerated in the repeat-offender provision of AS 11.41.220(a)(5).
Morgan then moved for a judgment of acquittal, arguing that, as a matter of law, his 2016 conviction for assault on a police officer under AMC 08.10.010(D) was not a qualifying prior conviction under the repeat-offender provision of AS 11.41.220(a)(5). (Morgan conceded that his 2017 assault conviction was a qualifying prior conviction.) The superior court denied Morgan's motion.
Outcome: The judgment of the superior court is REVERSED. This case is REMANDED to the superior court for further proceedings consistent with this opinion.
Plaintiff's Experts:
Defendant's Experts:
Comments: