Borja v. State

In Borja v. State, 886 P.2d 1311 (Alaska App. 1994) the Court examined whether the elements of a California offense were sufficiently similar to an Alaska felony for purposes of presumptive sentencing. In Borja, we analyzed that question under AS 12.45.145(a)(2), the predecessor to AS 12.45.145(a)(1)(B), the statute we apply here. The Court observed as follows: Moreover, even if it were possible to identify conduct that was clearly included within the California offense and clearly excluded from the Alaska offense, this would not necessarily be fatal to the superior court's ruling. AS 12.55.145(a)(2) does not require that the out-of-state offense be identical to an Alaska felony--only that its elements be "similar" to those of an Alaska felony. Implicit in this statutory wording is the possibility that there will be some acts covered by one statute that will not be covered by the other.