Oliver Bell v. State Alaska

BOOCHEVER, Chief Justice. OPINION On February 13, 1977, Oliver Bell was arrested after he was found driving a vehicle reported missing by its owner. Bell did not have the consent of the owner to drive the vehicle. On February 23, 1977, the grand jury returned an indictment charging Bell with felony joyriding, in violation of AS 28.35.010. The felony indictment was based upon the language of AS 28.35.010(a) which permits the offender to be charged with a felony " a conviction for a second or subsequent offense." Bell had been convicted of misdemeanor joyriding on two prior occasions, and of felony joyriding on one prior occasion. In the trial court, Bell moved to dismiss the indictment on the ground that AS 28.35.010 violated his right to equal protection of the law guaranteed by the fourteenth amendment to the United States Constitution and article I, section 1, of the Alaska Constitution. The motion was denied by the superior court. Bell entered a plea of nolo contendere to the charge, preserving the equal protection issue for appeal. Bell was found guilty of felony joyriding and was sentenced to three years imprisonment, the maximum allowed by law. On appeal, Bell contends that AS 28.35.010(a) violates the equal protection clause and challenges his sentence as excessive.