Paul Hubert v. State Alaska

Paul Hubert was convicted in a non-jury trial of receiving and concealing stolen property valued in excess of $250, in violation of former AS 11.20.350(a). Evidence introduced against Hubert included a number of items of stolen property seized in the course of a search of Huberts apartment conducted by police officers, as well as certain incriminating statements made by Hubert following his arrest. Prior to trial, Hubert filed a timely motion to suppress this evidence, which was denied by the superior court. Hubert was additionally charged, under AS 17.12.010 and 17.10.010, with possession of cocaine and possession with intent to distribute marijuana; these charges arose from the same investigation and search which led to Huberts conviction of receiving and concealing stolen property. The superior court indicated that its denial of the suppression motion made by Hubert in the case involving receiving and concealing stolen property would govern any suppression motion raised by Hubert as to the drug charges pending against him. Hubert thereupon entered a negotiated plea of nolo contendere to the drug charges, reserving his right to challenge the courts suppression ruling on appeal; the state stipulated that the same suppression questions raised in the receiving and concealing case would be dispositive of the drug charges.