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Warlick v. State

Court of Appeals of Alaska

July 25, 2014

MICHAEL D. WARLICK JR., Appellant,
v.
STATE OF ALASKA, Appellee

Appeal from the Superior Court, Fourth Judicial District, Fairbanks, Randy M. Olsen, Judge. Trial Court No. 4FA-07-780 CR.

Hannah E. King, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

Diane L. Wendlandt, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Michael C. Geraghty, Attorney General, Juneau, for the Appellee.

Before: Mannheimer, Chief Judge, Allard, Judge, and Hanley, District Court Judge.[*]

OPINION

Page 947

HANLEY, Judge.

Michael D. Warlick Jr. applied for and obtained a state identification card using another person's name and identifying information. He was charged with two crimes: second-degree forgery and fraudulently applying for a state identification card. Under the terms of a plea agreement, Warlick ultimately pleaded guilty to second-degree forgery under AS 11.46.505(a)(2), and the State dismissed the fraudulent application charge.

Prior to his sentencing, Warlick filed a motion asking the superior court to declare, as a matter of law, that his conduct did not constitute the offense of second-degree forgery. The court denied the motion, and Warlick now appeals. For the reasons explained here, we affirm the superior court's ruling.

Facts and proceedings

On January 31, 2007, Jason Corgill entered the Delta Junction office of the Division of Motor Vehicles (DMV) and applied for a state identification card. The DMV clerk recalled issuing an identification card several months earlier to another person under the name " Jason Corgill." The clerk contacted the state troopers, who investigated the incident and discovered that the person who applied for the earlier identification card was actually Michael Warlick Jr. Warlick had used Corgill's identifying information and had signed Corgill's name on the application form. Based on Warlick's false application, DMV issued an identification card to him. The card was in Corgill's name, but it had Warlick's photograph.

Page 948

Warlick left the country shortly after obtaining the false identification card, and the troopers learned that there was an outstanding federal warrant for his arrest. In 2009, Warlick was arrested in Texas and returned to Alaska to face federal charges.

The State charged Warlick with second-degree forgery under AS 11.46.505(a)(2) (forgery of a public record) and fraudulently applying for a state identification card under AS 18.65.310(c). Under the terms of a plea agreement, Warlick pleaded guilty to the forgery charge and the State dismissed the fraudulent application charge.

Shortly before his sentencing, Warlick filed a motion asking the superior court to declare, as a matter of law, that the facts alleged by the State could not support a conviction for second-degree forgery. The ...


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