LeFever v. State
Alaska Court of Appeals
877 P.2d 1298 (1994)

- Written by Sean Carroll, JD
Facts
Jason LeFever (defendant) was detained in a youth facility as a minor. The detention was for a crime that was not a felony due to his minor status but would have been a felony had he been an adult. After LeFever did not return from a work-release assignment, he was charged with first-degree evasion. One element of Alaska’s first-degree-evasion statute required that the defendant’s conduct occur while the defendant was charged with or convicted of a felony. In contrast, second-degree evasion required that the defendant’s conduct occur while the defendant was charged with or convicted of a misdemeanor. LeFever was convicted of first-degree evasion, and he appealed, asserting that the evasion statute did not apply to him because he was not charged with or convicted of a felony at the time of his evasion.
Rule of Law
Issue
Holding and Reasoning (Coats, J.)
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