[Download] "Joseph J. Lastufka v. State Alaska" by Court Of Appeals Of Alaska " eBook PDF Kindle ePub Free
eBook details
- Title: Joseph J. Lastufka v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 06, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
COATS, Judge. OPINION On August 17, 1982, Joseph Lastufka was selected and sworn as a juror in State v. Bush. On August 18, 1982, the first day of trial for State v. Bush, Lastufka telephoned the trial Judge's secretary. He informed her that he would not appear since he had to go out of town due to his job. The secretary informed Lastufka that he would not be excused from jury duty, that if he did not appear it could result in a mistrial, and that the trial Judge would probably issue an order to show cause why he should not be held in contempt. Nevertheless, Lastufka did not appear for jury duty. The parties to State v. Bush agreed to use the alternate juror to proceed with the case. The case proceeded without further problems. Lastufka was ordered to show cause why he should not be held in contempt of court for failure to appear for jury duty. Lastufka appeared on the order to show cause in front of Judge Victor Carlson. Lastufka waived jury trial and admitted that his failure to appear was wilful. Judge Carlson sentenced Lastufka to serve 120 hours in jail for the violation. Lastufka appeals the sentence to this court. He argues that the contempt offense that he committed is punishable by a maximum sentence of a $100 fine, and that therefore Judge Carlson had no authority to sentence him to jail. We agree with Lastufka that the statutory crime with which he was charged carries a maximum sentence of $100 and accordingly we reverse the judgment of the superior court.