(Download) "Floyd Wortham v. State Alaska" by Court Of Appeals Of Alaska * Book PDF Kindle ePub Free
eBook details
- Title: Floyd Wortham v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 04, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
SINGLETON, Judge. OPINION This is an appeal from a conviction of two counts of perjury, former AS 11.30.010(a), following a plea of no contest by Wortham entered pursuant to an agreement with the court and prosecutor that he could appeal the denial of his motion to suppress certain evidence. The prosecutor specifically stipulated that a ruling to suppress the evidence would terminate the case. Consequently, we have jurisdiction to consider the claim. Oveson v. Municipality of Anchorage, 574 P.2d 801, 803 n.4 (Alaska 1978); Cooksey v. State, 524 P.2d 1251 (Alaska 1974). Wortham was tried and convicted of the charge of sale of cocaine. See Wortham v. State, 617 P.2d 510 (Alaska 1980). He testified in his own defense, and during the course of that testimony, he made statements which resulted in his indictment for perjury. The state notified Wortham that, at his perjury trial, it intended to use the transcript of a tape recording made of a conversation between Wortham and an undercover police agent. This recording had been made without Wortham's knowledge. At his trial for sale of cocaine, Wortham had successfully obtained suppression of that recording based upon State v. Glass, 583 P.2d 872 (Alaska 1978). 1 Relying on this ruling, Wortham again sought to have the same evidence suppressed in the perjury prosecution, but the trial court, in apparent reliance on Alaska Rule of Evidence 412(2), denied suppression. This appeal followed. 2
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