Harvey Lee Hunter v. State Alaska

BOOCHEVER, Chief Justice. OPINION. Harvey Lee Hunter pleaded nolo contendere to two counts of larceny in a building, AS 11.20.150 1 and was sentenced to two consecutive three and one-half year terms. His appeal challenges the admissibility of statements made to a polygraph examiner who had not read him Miranda warnings 2 prior to the examination and alleges his sentence was improper. We affirm the conviction but remand for resentencing. Early in November 1976, Investigator Thomas Shanks of the Anchorage Police Department began to suspect that Harvey Lee Hunter had been involved in an October 20, 1976 burglary. Items missing in that burglary included cameras, lenses and an electronic strobe light from the offices of Rem-Pak Studio, and a postage meter and scale from the Office of the Human Rights Commission. Both offices were located in Anchorage at 2457 Arctic Boulevard, where Hunter, then age 20, was employed as a janitor.