04/12/94 State Alaska V. Donald Mcdonald

Donald McDonald was tried by a jury for kidnapping and first-degree murder. The jury convicted McDonald of kidnapping but deadlocked on the murder charge. Following a retrial, another jury convicted McDonald of first-degree murder. The superior court sentenced McDonald to ninety-nine years in prison on the murder charge, but declined to impose a sentence for the kidnapping. McDonald appeals, challenging his convictions on various grounds and alleging that the superior court erred in denying a post-trial motion for a new trial based on newly discovered evidence. The state opposes McDonald's challenges and, in addition, seeks review of the superior court's refusal to sentence McDonald on the kidnapping conviction. We affirm the superior court's rulings on all issues.