eBook details
- Title: City Kodiak v. Dell Jackson and Michael
- Author : Supreme Court of Alaska
- Release Date : January 06, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
BURKE, Justice. OPINION. In this appeal we must decide whether the City of Kodiak is prohibited by the state constitution from enforcing an ordinance requiring one to serve a mandatory minimum sentence of imprisonment upon conviction of assault against a police officer. We conclude that the ordinance is unenforceable to the extent that it requires the imposition and execution of mandatory minimum sentences. In November of 1976, following a fight at a bar in Kodiak, criminal complaints were issued against appellees Dell Jackson and Michael Howard charging them with violations of a City of Kodiak ordinance, KCC 8.12.030. That ordinance makes it a misdemeanor for one to commit an assault upon a police officer while he is in performance of his duties and provides that, upon conviction, one is punishable by a fine of not less than $100 and imprisonment for not less than ten days. The ordinance further provides: