DeJesus v. State
In DeJesus v. State, Alaska App. Memorandum Opinion No. 4044 (May 5, 1999), 1999 WL 272423, the defendant argued that he should not receive separate convictions and sentences for attempted murder and second-degree assault arising from the same incident -- that entering separate convictions for these two related crimes would violate Alaska's guarantee against double jeopardy as interpreted by the Alaska Supreme Court in Whitton v. State, 479 P.2d 302, 310 (Alaska 1970).
The Court rejected the defendant's argument and affirmed the entry of separate convictions for these two offenses:
When we analyze the separate crimes at issue, we note that there is a significant difference in the interests protected by each criminal statute. The attempted first-degree murder statute penalizes a substantial step undertaken with the intent to kill another. No infliction of injury ... is required for this crime. On the other hand, for the crime of second-degree assault as charged in this case, the defendant's conduct must have caused injury to another by means of a dangerous instrument. We consider that difference between the two crimes to be substantial and we conclude that multiple sentences are authorized. (DeJesus, Memorandum Opinion at 15-16, 1999 WL 272423 at 6.)