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STATE OF ALASKA Appellant
vs.
EARL J. THRONSEN Appellee
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Issues:
Cocaine, drug testing, evidence, search.
Case Summary:
Prosecutors appeal a lower court's ruling in a cocaine possession case. Authorities arrested Earl Thronsen during a raid of a suspected "crack house." A post-arrest drug test produced a positive result for cocaine. A grand jury indicted Thronsen on charges of illegally possessing cocaine in his body. A court rejected Thronsen's motion for summary judgment on the charge.
Decision of lower jurisdiction:
A trial jury found Thronsen guilty as charged. However, the trial judge vacated the conviction. The judge ruled prosecutors could not indict a defendant on charges of having cocaine "in his body." The state now appeals.
Outcome:
The state loses. The Alaska Court of Appeals affirmed the lower court's ruling. The appeals court ruled that a review of case law concluded a defendant could not be convicted of possession of cocaine "in his body." The appeals court ruled the lower court made no reversible error.