[Download] "Jay C. Huf v. State Alaska" by Court Of Appeals Of Alaska " eBook PDF Kindle ePub Free

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eBook details

• Title: Jay C. Huf v. State Alaska
• Author : Court Of Appeals Of Alaska
• Release Date : January 13, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Following a jury trial, Jay Huf was convicted of burglary in the first degree, AS 11.46.300(a)(1), and sexual assault in the first degree, AS 11.41.410(a)(1). Trial Judge Charles Cranston found that Huf was subject to presumptive sentencing because there was clear and convincing evidence that Huf "possessed or used a firearm . . . during the commission of the offense . . . " Former AS 12.55.125(c)(1). Huf appeals his conviction, and also argues that Judge Cranston erred in not having the jury decide whether he possessed or used a firearm for purposes of applying the presumptive sentencing provisions. Huf also argues that if we hold that determination of whether he possessed or used a firearm is a question for the court, then the court erred in not requiring the state to prove that fact by a standard of beyond a reasonable doubt. We affirm Hufs conviction. We also conclude that the question of whether Huf "possessed or used a firearm during the commission of the offense" was properly a question for the court. However, we conclude that the court should have required the prosecution to prove that fact by the standard of beyond a reasonable doubt. We consequently vacate Hufs sentence and remand to the trial court for redetermination of that issue.

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