M.O.W. v. State Alaska

On October 6, 1978, M.O.W., a fourteen-year-old student at Soldotna Junior High School, left the school cafeteria after lunch. Observing a bulge in M.O.W.s back pocket, Mr. Hultberg, the vice principal, directed him to his office and ordered him to empty his pockets. The minor complied, disclosing a small quantity of marijuana. Acting pursuant to school board regulations, Mr. Hultberg summoned the police. M.O.W. was charged with delinquency for violation of AS 17.12.110(d)(4). Trial was held before the court sitting without a jury on May 9, 1979. The court found that M.O.W. violated AS 17.12.110(d)(4) by possessing marijuana. At the Disposition hearing on July 7, 1979, the court reiterated its finding that M.O.W. violated a statute and that therefore the childrens court had jurisdiction. However, the court deferred adjudication of delinquency for one year, and placed M.O.W. on probation. As a condition of probation, M.O.W. was to be incarcerated at the McLaughlin Youth Center for five days prior to beginning the 1979-1980 school year. The sentence was stayed by order of the supreme court on August 29, 1979, pending resolution of this appeal.