Judge sentences inmate three more years for failing to submit DNA sample

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Thursday, March 23, 2023 at 11:47 PM

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Kenai, Alaska (KINY) - Superior Court Judge Eric B. Smith found David Simmons guilty of five counts of violating an order to submit to DNA testing after hearing evidence at a court trial conducted on Mar. 22.

Under AS 44.41.035, persons convicted of felony offenses, or crimes against a person, are required to provide a DNA sample for inclusion into the DNA identification registration system. 

Simmons was about to be released from a term of incarceration for felony assault and burglary convictions when he refused requests from the Alaska Department of Corrections’ personnel to provide a DNA sample. 

Simmons disputed whether he was required to submit a DNA sample. 

He had previously appealed this issue to the Alaska Supreme Court, which held he was required to submit a DNA sample pursuant to AS 44.41.035. 

Following the guilty verdicts, Judge Eric B. Smith sentenced Mr. Simmons to an additional three years of incarceration for his failure to provide his DNA sample.

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