Danny Joe Gibson v. State Alaska

Danny Joe Gibson was convicted by a jury of fourth- and fifth-degree misconduct involving a controlled substance (MICS). AS 11.71.040(a)(2); AS 11.71.050(a)(1). Fourth-degree MICS is a class C felony and fifth-degree MICS is a class A misdemeanor. Gibson was sentenced to four years with two years suspended on the felony count and one year with six months suspended on the misdemeanor count, to be served consecutively. He now appeals both the conviction and the sentence on the following grounds: (1) that the indictment was invalid because hearsay testimony was improperly presented to the grand jury; (2) that the state failed to weigh the seized marijuana exclusive of stalks and seeds; and (3) that his sentence is excessive. We affirm Gibsons conviction, but remand for resentencing.