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Elerson v. State, 732 P.2d 192

Facts

James C. Elerson was convicted of five counts of misconduct involving weapons and five counts of theft. The search warrant for his home was based on information from an informant who had confessed to multiple burglaries and identified Elerson's home as a location where stolen property was fenced. Elerson contended that the informant's credibility was not sufficiently established, and he was prejudiced by the joinder of the felon in possession charges with the theft charges, as evidence of his prior felony conviction was inadmissible for the theft charges.

Elerson next contends that he was prejudiced by improper joinder of counts I–V (felon in possession) with counts VI–X (theft by receiving). Joinder of counts against a single defendant is proper if any one of the three tests set forth in Alaska Criminal Rule 8(a) is satisfied.

Issue

Did the court err in finding probable cause for the search warrant, in the joinder of charges, and in the jury instructions regarding the mental state required for theft by receiving?

Elerson appeals, contending that there was insufficient probable cause to support the issuance of a warrant to search his home, that improper joinder of the felon in possession charges with the theft by receiving charges prejudiced his defense, and that he was entitled to a jury instruction on the requisite mental state for theft by receiving.

Rule

The court applied the Aguilar/Spinelli test to determine the validity of the search warrant based on informant information, and assessed the joinder of charges under Alaska Criminal Rule 8(a) and the potential for prejudice under Alaska Criminal Rule 14.

Alaska uses the two-pronged Aguilar/Spinelli test to determine the validity of a search warrant issued on the basis of informant information.

Analysis

The court found that the informant's statements met the Aguilar/Spinelli test, establishing probable cause for the search warrant. Although the joinder of the felon in possession and theft charges was initially proper, the court concluded that Elerson was prejudiced by the admission of his prior felony conviction during the trial for theft by receiving, which warranted a reversal of those charges. The court also determined that the jury was correctly instructed on the requisite mental state for theft.

Since it is undisputed that the informant purported to supply the police with information based on his own personal knowledge, we conclude that both prongs of the Aguilar/Spinelli test have been met and that the search warrant was validly issued.

Conclusion

The court affirmed the convictions for misconduct involving weapons but reversed the convictions for theft by receiving due to prejudicial joinder.

The convictions on counts I–V are AFFIRMED; the convictions on counts VI–X are REVERSED.

Who won?

The State prevailed on the weapon possession charges because the court found sufficient probable cause for the search warrant and proper jury instructions.

Elerson has suffered prejudice only as to the counts alleging theft by receiving.

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