Memorandum decisions of this court do not create legal precedent. See Alaska
Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court
of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum
decision may not be cited as binding precedent for any proposition of law.
IN THE COURT OF APPEALS OF THE STATE OF ALASKA
PATRICK H. TORRENCE,
) Court of Appeals No. A-9990
) Trial Court No. 3AN-05-6190 CR
) MEMORANDUM OPINION
STATE OF ALASKA,
) No. 5534 — October 28, 2009
Appeal from the Superior Court, Third Judicial District,
Anchorage, Eric A. Aarseth, Judge.
Appearances: David Reineke, Assistant Public Defender, and
Quinlan Steiner, Public Defender, Anchorage, for the Appellant.
Ann B. Black, Assistant Attorney General, Office of Special
Prosecutions and Appeals, Anchorage, and Richard A. Svobodny,
Acting Attorney General, Juneau, for the Appellee.
Before: Coats, Chief Judge, and Mannheimer and Bolger,
COATS, Chief Judge.
Patrick H. Torrence was convicted of third-degree assault for putting a co
worker, Justin Giles, in a choke hold until Giles blacked out. Torrence argues that the
State presented insufficient evidence to prove one of the elements of third-degree assault:
that his arms met the definition of a “dangerous instrument.”
Having reviewed the record, we conclude that a fair-minded juror could find
that Torrence used his arms as a “dangerous instrument” because he choked Giles
forcefully enough to put him at actual and substantial risk of serious injury. We therefore
reject Torrence’s claim, and affirm his conviction.
Facts and proceedings
Torrence and Giles worked as security guards at the Barret