Tunnell v. State
In Tunnell v. State, Alaska App. Memorandum Opinion No. 4465, 2001 WL 1173976 (October 3, 2001) the defendant was convicted of multiple counts based on a marijuana growing operation in his home.
The Court struggled with whether a defendant who was convicted for a marijuana growing operation in his home could be separately convicted for maintaining a building for keeping or distributing controlled substances.
The Court ultimately concluded that it was impossible to tell from the record whether the conviction for maintaining a building for keeping or distributing a controlled substance should merge with the other convictions. The Court therefore remanded this issue to the trial court.