Alaska Supreme Court, 1980

Oksoktaruk v. State

Alaska Supreme Court · Decided November 21, 1980 · Rabinowitz, Con-Nor, Burke, Matthews, Boochever

619 P.2d 480; 1980 Alas. LEXIS 635 (Pacific Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

McBeth v. State (Alaska Ct. App. 1982)
Hernandez v. State (Alaska Ct. App. 1984)
State v. Kunkel (N.D. 1990)
Brown v. State (Alaska Ct. App. 1989)
Tritt v. State (Alaska Ct. App. 1981)
Nelson v. State (Alaska Ct. App. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION

PER CURIAM.

Phillip Oksoktaruk appeals from a judgment revoking his probation and imposing a five-year sentence for burglary not in a dwelling consecutive to another sentence of five years with two suspended imposed on him for a subsequent burglary conviction. The record of the second burglary conviction was the sole basis for the revocation of probation. Subsequent to the filing of this appeal, we reversed the second burglary conviction because of the improper admission of evidence. Oksoktaruk v. State, 611 P.2d 521 (Alaska 1980). Since the revocation of probation was based entirely on the record of the second burglary conviction, without evidence being submitted of the underlying offense, it follows that we must reverse the revocation of probation.

REVERSED AND REMANDED.

BOOCHEVER, J., not participating.

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