AS 11.41.410(a)(1) & AS 11.46.300(a)(1), respectively.
The text of this opinion can be corrected before the opinion is published in the Pacific
Reporter. Readers are encouraged to bring typographical or other formal errors to
the attention of the Clerk of the Appellate Courts:
303 K Street, Anchorage, Alaska 99501
Fax: (907) 264-0878
E-mail: corrections @ appellate.courts.state.ak.us
IN THE COURT OF APPEALS OF THE STATE OF ALASKA
JOSE G. MANRIQUE,
) Court of Appeals No. A-9461
) Trial Court No. 3DI-04-539 CR
) O P I N I O N
STATE OF ALASKA,
) No. 2150 — February 22, 2008
Appeal from the Superior Court, Third Judicial District,
Dillingham, Donald D. Hopwood, Judge.
Appearances: Paul E. Malin, Assistant Public Defender, and
Quinlan Steiner, Public Defender, Anchorage, for the Appellant.
Blair M. Christensen, Assistant Attorney General, Office of
Special Prosecutions and Appeals, Anchorage, and Talis J.
Colberg, Attorney General, Juneau, for the Appellee.
Before: Coats, Chief Judge, and Mannheimer and Stewart,
A jury convicted Jose G. Manrique of first-degree sexual assault and first-
degree burglary. Manrique claims that the superior court erroneously denied his motion
for a new trial; Manrique contended that he did not receive a fair trial because two jurors
were biased. We reject Manrique’s claim as to one juror, but conclude that Manrique is
entitled to a hearing regarding the other.
Manrique also argues that the superior court improperly failed to refer his
case to the three-judge sentencing panel. We address this issue and reject it. The record
supports the superior court’s finding that Manrique did not prove that a referral to the
three-judge panel was warranted.
Facts and proceedings
On September 18, 2004, after a day of hiking, A.C. and some of her friends