711 P.2d 1198 | Alaska Ct. App. | 1986
OPINION
Timothy Afean appeals following conviction of one count of misconduct involving weapons in the first degree (possession of a concealable firearm by a convicted felon), in violation of AS 11.61.200(a)(1), one count of misconduct involving weapons in the second degree (possession of a firearm while intoxicated), in violation of AS 11.61.-210(a)(1), and one count of assault in the fourth degree, in violation of AS 11.41.230. At trial, Afean contested only the charge of first degree misconduct involving weapons. He attempted to present a defense based on the contention that he was unaware of the statutory provision that prohibits convicted felons from carrying concealable firearms for a period of five years after unconditional discharge from a conviction.
Afean correctly observes that AS 11.81.610(b)(2) makes recklessness the applicable, culpable mental state with respect to the circumstances of his offense. Knowledge that the law prohibits certain conduct is not, however, a surrounding circumstance. To the contrary, knowledge of the law is presumed, and, in all but exceptional cases, ignorance of the law is not a defense.
Afean has separately challenged the sentence he received for his three convictions. Superior Court Judge Christopher R. Cooke sentenced Afean to maximum consecutive terms totaling seven years’ imprisonment. Having independently reviewed the totality of the sentencing record, we conclude that the sentences imposed by Judge Cooke are not clearly mistaken. McClain v. State, 519 P.2d 811, 813-14 (Alaska 1974).
The conviction and sentence are AFFIRMED.
. Alaska Statute 11.61.200(b)(3) provides:
(b) It is an affirmative defense to a prosecution under (a)(1) or (2) of this section that
(3) a period of five years or more has elapsed between the date of the person's unconditional discharge on the prior offense and the date of the possession, sale, or transfer of the firearm.
. Alaska Statute 11.81.620(a) provides, in relevant part:
Effect of ignorance or mistake upon liability. (a) Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an offense unless the provision of law clearly so provides.