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CLARK v. STATE

1/30/1998

5, 390 (Alaska App. 1985).


Interest on restitution payments is permitted. See Dorris v. State, 656 P.2d 578, 584 (Alaska App. 1982). In addition, the legal rate of interest on a judgment is set by statute. See AS 09.30.070(a). As provided in AS 12.55.051(d), a restitution order is enforceable as a civil judgment under AS 09.35. Clark's objection to the superior court's order regarding interest is without merit.


Conclusion


Clark's convictions for attempted sexual abuse of a minor and attempted kidnapping are REVERSED. If the State elects to retry Clark on these charges, it must secure a new indictment. Clark's convictions for first-degree assault, failure to remain at the scene of an injury accident, and driving while intoxicated are AFFIRMED.


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