CRIMINAL LAW
Court of Appeals of Alaska (2023)
Cindy Cheng
In Morgan v. State, 523 P.3d 1254 (Alaska Ct. App. 2023), the court of appeals held that the State must show that offenders’ conviction under municipal ordinance has elements similar to those of fourth-degree assault to elevate a fourth-degree assault to a third-degree assault. (Id. at 1259–60). In 2019, Mike Morgan was convicted of third-degree assault as a repeat offender. (Id. at 1255). The State presented evidence of Morgan’s 2016 and 2017 convictions for assault, arguing each had “elements similar” to the elements of fourth-degree assault. (Id.). On appeal, Morgan argued that his 2016 conviction for assaulting an Anchorage police officer did not qualify as a prior conviction because the judgment did not specify whether he was convicted for “physical injury” or “fear” assault. (Id. at 1256–57). Since Alaska state law does not contain an analogous “fear” assault provision as found in the Anchorage ordinance Morgan was convicted under, Morgan argued it could not be considered a prior conviction. (Id.). The court of appeals reversed the superior court’s decision, reasoning that the disputed provision in the municipal ordinance did include both physical injury assaults and fear assaults. (Id.). The court further reasoned that the record did not specify whether Morgan committed a physical injury assault or a fear assault. (Id. at 1259). Moreover, the court could only compare the elements of the two statutes rather than examining the facts of prior offenses to determine their similarity. (Id.). Reversing the superior court’s decision, the court of appeals held that the State failed to prove that Morgan’s 2016 conviction had elements similar to those of fourth-degree assault to elevate a fourth-degree assault to a third-degree assault. (Id. at 1259–60).
