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eBook details

• Title: Oliver Floyd Lemon v. State Alaska
• Author : Court Of Appeals Of Alaska
• Release Date : January 29, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Oliver Floyd Lemon was arrested on February 6, 1972, in Barrow, Alaska for the crime of burglary not in a dwelling, former AS 11.20.100. He was ultimately transported to Fairbanks for trial. On May 10, 1972, the state filed a separate indictment in a separate case charging him with escape from custody, in violation of former AS 11.30.090(1). He waived jury trial and on May 30, 1972, was tried by the court and convicted. On the same data, a third proceeding was commenced against Lemon charging him with being a habitual criminal, in violation of former AS 12.55.050(3). On July 13, 1972, he received a two-year sentence for escape from custody, which was to run concurrently with a five-year sentence imposed on the burglary not in a dwelling conviction. Defendant waived jury trial on the indictment for being a habitual criminal and on October 30, 1972, he was found guilty of that charge. Sentencing was deferred pending supreme court review of the escape conviction and sentence. An attempted appeal on the habitual criminal conviction was dismissed by the supreme court October 9, 1973, because no final judgment, i.e., imposition of sentence, had taken place. The burglary conviction was reversed by the supreme court. Lemon v. State, 514 P.2d 1151 (Alaska 1973). The conviction and sentence for escape was appealed and affirmed. Lemon v. State, 522 P.2d 160 (Alaska 1974).The record reflects that Lemon repeatedly sought dismissal of the habitual criminal proceeding on double jeopardy grounds. He included a double jeopardy claim in that appeal, challenging the habitual criminal conviction.

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