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Oksoktaruk v. State

619 P.2d 480, 1980 Alas. LEXIS 635
Alaska Supreme Court·Decided November 21, 1980·No. 4147·Published·Cited by 7 cases

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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Oksoktaruk v. State, 619 P.2d 480, 1980 Alas. LEXIS 635 (Ala. 1980).

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