[DOWNLOAD] "Robert E. Sawyer v. State Alaska" by Court Of Appeals Of Alaska * Book PDF Kindle ePub Free
eBook details
- Title: Robert E. Sawyer v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 20, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
In State v. Rastopsoff, 659 P.2d 630, Op. No. 228 at 22 (Alaska App. March 4, 1983), we held that a person could not be sentenced as a second felony offender merely because he committed two felony offenses. In order to be sentenced as a second felony offender, the defendant must have committed the second felony offense after he had been convicted of the first felony offense. The question in this case is: exactly when has a person been convicted of a felony so that, if he commits a subsequent felony offense, that subsequent offense will be a second felony offense for presumptive sentencing purposes? See AS 12.55.185(7). We conclude that a person has not been convicted of a felony offense, for presumptive sentencing purposes, until after he has been sentenced on the first felony offense. Applying that rule to this case, we reverse the judgment of the superior court sentencing Robert Sawyer as a second felony offender.