Gareth Allen v. State Alaska

Gareth Allen was convicted, following a jury trial, of two counts of terroristic threatening, in violation of AS 11.56.810. The offense is a class C felony. Superior Court Judge Beverly W. Cutler sentenced Allen to concurrent terms of four years with one year suspended Allen appeals, alleging that the trial court erred in refusing to dismiss the charges on overbreadth and equal protection grounds, in admitting evidence of prior misconduct, in instructing the jury on the elements of the offense, and in denying his motion for a judgment of acquittal. Allen also contends that his sentence is excessive. We affirm the conviction but remand for resentencing.