(DOWNLOAD) "Richard W. Clark v. State Alaska" by Court Of Appeals Of Alaska " Book PDF Kindle ePub Free
eBook details
- Title: Richard W. Clark v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 10, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Richard W. Clark was convicted of first-degree misconduct involving weapons. AS 11.61.200(a)(1). He was charged with knowingly possessing a concealable firearm after having been convicted of a felony. The felony conviction underlying the felon in possession charge, possession of marijuana for purposes of sale, was on appeal to this court when the felon in possession charge arose. At trial, Clark contended that he had been misinformed about his legal status while his appeal was pending. Clark asked the court to find that he had acted under a reasonable mistake of law. The trial court denied Clarks defense and Clark was convicted at trial. Later, this court reversed the possession of marijuana for purposes of sale conviction on the ground that it was based on evidence obtained as a result of an unconstitutional search. Clark v. State, 704 P.2d 799 (Alaska App. 1985). Following this decision, the state dismissed the possession of marijuana for purposes of sale charge. Clark then made a motion for post-conviction relief on the felon in possession of a firearm charge. He urged that the statute should be interpreted to require that the underlying conviction be a valid one and that basing the felon in possession charge on a constitutionally unsound conviction violated due process. The trial court denied this motion. Clark challenges these rulings on appeal. We affirm.