11/27/92 Earl Sam V. State Alaska

Earl K. Sam was convicted by a jury of one count attempted murder in the first degree. AS 11.41.100(a)(1); AS 11.31.100. Superior Court Judge Richard D. Savell sentenced Sam to a term of forty-five years with fifteen years suspended. Sam appeals his conviction, arguing that the trial court erred in refusing to preclude the state from presenting expert testimony concerning Sam's capacity to form specific intent, in refusing to give Sam's proposed instructions dealing with attempt, in permitting the prosecutor to argue facts not in evidence, and in limiting Sam's final argument. Sam also argues that his sentence is excessive. We affirm.