Murdock v. State

664 P.2d 589, 1983 Alas. App. LEXIS 321
CourtCourt of Appeals of Alaska
DecidedMay 27, 1983
Docket5173, 5289
StatusPublished
Cited by15 cases

This text of 664 P.2d 589 (Murdock v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murdock v. State, 664 P.2d 589, 1983 Alas. App. LEXIS 321 (Ala. Ct. App. 1983).

Opinions

OPINION

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

[592]*592COATS, Judge.

Jeffrey Murdock was indicted on October 6, 1978, on two counts of armed robbery, former AS 11.15.240 and former AS 11.15.-295. These charges arose out of a robbery which took place in an apartment on September 30, 1978. Murdock was charged with committing this robbery with accomplices Manuel Robinson and Michael Hughes. Murdock was also charged with attempted armed robbery, former AS 11.-05.020 and same statutes as above, and manslaughter, former AS 11.15.040. These charges arose out of an attempted robbery of a restaurant which took place later in the day on September 30, 1978. This crime was also allegedly committed with accomplices Robinson and Hughes. The trial court dismissed the manslaughter charge against Murdock on September 27, 1979. Murdock was ultimately convicted of one count of armed robbery and one count of assault with a dangerous weapon (as a lesser included offense of the armed robbery), former AS 11.15.220, as a result of the apartment robberies. He pled no contest to the attempted robbery charge that arose from the attempted restaurant robbery. Mur-dock was sentenced on January 14, 1980, to concurrent terms of twelve years for armed robbery, seven years for assault with a dangerous weapon, and five years for attempted armed robbery.

Murdock appeals to this court requesting us to reverse his armed robbery and assault convictions and remand the case for a new trial on these charges. He also requests that the court reverse his sentences for all charges and remand the case for resentenc-ing.

Manuel Robinson was also indicted on October 6, 1978, for two counts of armed robbery for the apartment robbery, and for attempted armed robbery and manslaughter for the attempted restaurant robbery. The trial court dismissed the manslaughter charge against Robinson on September 16, 1979. Robinson was convicted of one count of armed robbery (for the apartment robbery) and one count of attempted armed robbery (for the attempted restaurant armed robbery). He was sentenced to five years imprisonment on the attempted armed robbery conviction, concurrent with ten years imprisonment with three years suspended for the armed robbery conviction. Robinson appeals his convictions and sentences.

Because Murdock and Robinson have raised some of the same points on appeal, we have combined their cases for purposes of this opinion.1 We find that we must remand the convictions for further proceedings and thus do not reach the sentencing issues.

FACTUAL BACKGROUND

Michael Cornett and Dennis Vandelaar picked up two juvenile prostitutes, J.L. and A.L., on Anchorage’s Fourth Avenue on the night of September 29, 1978. After arriving at Cornett’s Arctic Boulevard apartment, Cornett and Vandelaar refused to pay for the girls’ services. One girl was allegedly raped by both men, and one was allegedly forced to disrobe and subjected to an attempted rape. The girls were then driven back downtown and dropped off in an alley. The girls related their version of what happened in the apartment to two friends — Michael Hughes and Manuel Robinson. Early on the morning of the 30th, Hughes, Robinson and their friend Murdock forced their way into Cornett’s apartment, beat up Cornett and Vandelaar, and stole guns, ammunition, stereo equipment, jewelry, clothing and money from the apartment.

On the night of the 30th, Hughes, Mur-dock and Robinson attempted an armed robbery of Chino’s Restaurant. Restaurant owner Joseph Hochong (“Chino”) began shooting at the robbers, and was shot to death by Hughes while Hughes was trying [593]*593to escape. Murdock was captured by the police a few blocks from the restaurant and was identified at the scene of the crime. Hughes and Robinson escaped.

Robinson and Hughes left their residence after the attempted robbery of Chino’s and moved in temporarily with acquaintance Keith Kmet until they could raise enough money to leave the area. On October 2, 1978, Anchorage police received an anonymous telephone tip. The caller stated that he had seen guns in apartment number three at 143 West Eleventh, and that one of these guns had been stolen from a friend of his. Officers Coffey and Smith went in plainclothes to investigate and saw the names K. Kmet and J. Bell on the mailbox. They learned from the police computer that a Keith Kmet, listed at a different address, had been a possible burglary suspect at an unspecified date, but was not wanted on any charges. The officers rang the doorbell about ten times without receiving an answer; then the door was opened by C.R., Kmet’s fifteen-year-old live-in girlfriend. Officer Coffey asked C.R. if Kmet was home, and when she said that he was not, the officers showed her their badges and asked if they could come in to talk. She allowed them to enter. The officers entered the living room, and Officer Coffey saw A.L. seated on a couch, a pistol placed on a stereo speaker, and three empty gun holsters on the floor. Officer Coffey placed himself between the girls and the pistol and asked if C.R. and the other girl were the only ones in the apartment. C.R. said no one else was in the apartment; Coffey repeated the question. C.R. replied that only the two girls were there. He then heard what he though were suspicious, muffled, rustling noises. Leaving Officer Smith in the living room with the girls, he opened the door to the bedroom from which he thought the noises came. He observed a sleeping juvenile, J.L., in bed, Robinson apparently attempting to hide in the closet, and part of a rifle barrel projecting from underneath the bed. Coffey had experienced previous police contact with Robinson, including an arrest for armed robbery. He escorted Robinson to the living room.

Officer Coffey returned to the bedroom to retrieve J.L. He woke her up, allowed her to put some pants on, and was escorting her into the living room when he heard noises in the apartment’s bathroom. He requested the occupant to come out, and five to ten seconds later Hughes emerged. Hughes and J.L. were placed in the living room with the others, and Officer Coffey reentered the bedroom to search under the bed. He found seven to nine rifles and shotguns under the bed, returned to the living room, and told Officer Smith to call in for backup officers. Officer Coffey seized the guns he had found under the bed, and two shotguns he found in the closet in which he had found Robinson. Upon being asked if anybody knew anything about these guns, the occupants replied they did not know anything about them. A general, warrantless search of the apartment was undertaken, which the state now indicates was unconstitutional. Later on, officers conducted a warrant search of the apartment.

PEREMPTORY CHALLENGE

Murdock first argues that he should have been allowed to peremptorily challenge Judge Ripley, or at least have been able to more fully set out reasons why he should have been able to do so.

Peremptory disqualifications are set forth in the Alaska Statutes and Rules of Criminal Procedure. AS 22.20.022 provides in part:

Peremptory disqualification of a superior court judge,

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Murdock v. State
664 P.2d 589 (Court of Appeals of Alaska, 1983)

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Bluebook (online)
664 P.2d 589, 1983 Alas. App. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murdock-v-state-alaskactapp-1983.