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eBook details

• Title: Donald R. Hayes v. State Alaska
• Author : Court Of Appeals Of Alaska
• Release Date : January 05, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Donald R. Hayes was convicted, based upon his plea of no contest, of misconduct involving a controlled substance in the fourth degree, a class C felony. AS 11.71.040(a)(3)(A). This offense involved the possession of a small quantity of LSD. Hayes had previously been convicted of the sale of a hallucinogenic, depressant, or stimulant drug under former AS 17.12.010 and therefore was subject to sentencing as a second felony offender. As a second felony offender convicted of a class C felony, Hayes was subject to a two-year presumptive sentence. Judge Carlson found one aggravating factor: that "a prior felony conviction considered for the purpose of invoking the presumptive terms of this chapter was of a more serious class of offense than the present offense." AS 12.55.155(c)(7). Judge Carlson also found that Hayes had established a mitigating factor: that "the defendant is convicted of an offense specified in AS 11.71. and the offense involved small quantities of a controlled substance." AS 12.55.155(d)(14). Judge Carlson imposed an aggravated presumptive sentence of three years of imprisonment. Judge Carlson also revoked Hayes probation on his previous felony conviction, imposing two years of imprisonment, consecutive to the three-year sentence. Therefore, Hayes faces a composite sentence of five years of imprisonment. Hayes appeals his conviction and sentence. We affirm Hayes conviction but reverse his sentence.

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