State v. Williams

704 P.2d 219, 1985 Alas. App. LEXIS 339

Opinions

OPINION

PER CURIAM.

The United States Constitution and the Alaska Constitution each provide that no person shall be twice put in jeopardy for the same offense. U.S. Const, amend. Y; Alaska Const, art. 1, § 9. In this case, the trial court dismissed an indictment for tampering with evidence against Travis Dean Williams, who had been acquitted of first-degree murder in connection with the same incident. The double jeopardy protection afforded by the Alaska Constitution requires this result.

A majority of the court holds that article 1, section 9 of the Alaska Constitution incorporates the approach to serial prosecutions set forth in Model Penal Code § 1.07(2) (Proposed Official Draft 1962).

The trial court’s ruling dismissing the tampering prosecution against Williams is AFFIRMED. _

COATS, J., BRYNER, C.J., and SINGLETON, J., concur.