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STATE v OTNESS Click to find out why . . .



Keywords & Phrases
CaseNo: 4FA-S97-3812 CR, CourtCode: DIS, CourtName: District Court, District: Fourth, JudgeName: Kauvar, Plaintiff: STATE, State: AK Alaska, UniqueCaseRef: AK>DIS>4FA-S97-3812CR, Convictions, Legislature, Sex Offender, Otness, Register, Statute, Act, Alaska, Public Safety, District Court, Wendell Otness, Dismiss, Charge, Facts, Set Aside Prior, Judge, Meaning, Intend, Session, Jane, Kauvar, Failing, Offense, Suspended Imposition, Asora, Regulations, Power, Grant , ContentID: 120239548

Case Documents
1 1998-06-18 MEMORANDUM DECISION REGARDING MOTION TO DISMISS
[ see first page and extracted highlights below  ] ItemID: 100051
2 pages
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Total Documents: 1 document , 2 pages
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1 . MEMORANDUM DECISION REGARDING MOTION TO DISMISS

EXTRACTED KEY WORDS
COURT
LEGISLATURE
SEX OFFENDER
OTNESS
DEFENDANT
REGISTER
STATUTE
ACT
ALASKA
PUBLIC SAFETY
DISTRICT COURT
WENDELL OTNESS
DISMISS
CHARGE
FACTS
SET ASIDE PRIOR
JUDGE
MEANING
INTEND
SESSION
JANE
KAUVAR
FAILING
OFFENSE
SUSPENDED IMPOSITION
ASORA
REGULATIONS
POWER
GRANT

IN THE DISTRICT COURT FOR THE STATE OF ALASKA

FOURTH JUDICIAL DISTRICT AT FAIRBANKS

STATE OF ALASKA,Plaintiff, )

vs. )

WENDELL OTNESS, Defendant. )

Case No. 4FA-S97-3812 CR

MEMORANDUM DECISION REGARDING MOTION TO DISMISS

Defendant Wendell Otness was charged with violation of AS 11.56.840, for failing to register as a
ge on the ground that he was not a "convicted" sex offender, based on the fact that his conviction
he Act.

FACTS:

Wendell Otness entered a plea of No Contest to Attempted Sexual Abuse of a Minor in the Second
was granted a Suspended Imposition of Sentence by Judge Hodges, and a Discharge Order was signed on
arged with Failing to Register as a Sex Offender. These facts are agreed to by both parties.

QUESTION:

Does AS 11.56.840, which requires convicted sex offenders to register, apply to people whose
ctive?

DISCUSSION:

SNIPPETS:
  • IN THE DISTRICT COURT FOR THE STATE OF ALASKA
  • Defendant Wendell Otness was charged with violation of AS 11.56.840, for failing to register
  • He moved to dismiss the charge on the ground that he was not a "convicted" sex offender,
  • He was granted a Suspended Imposition of Sentence by Judge Hodges, and a Discharge Order was
  • These facts are agreed to by both parties.
  • The defendant raises a number of challenges to AS 11.56.840, commonly referred to as the
  • The issue of whether defendant is a convicted sex offender within the meaning of the statute
  • the statute gave the Department of Public Safety the mandate to pass regulations to implement
  • The Department of Public Safety, by regulation, included in the class of people who would be
  • Defendant objects to the Department of Public Safety broadening the scope of the statute
  • The power of a Court to grant a suspended imposition of sentence to a person convicted of a
  • However, because the Legislature was in session, this Court took no action on the Otness case
  • 1998 s/ JANE F. KAUVAR JANE F. KAUVAR
  •    |