[Download] "Larry O. Larson v. State Alaska" by Court Of Appeals Of Alaska " eBook PDF Kindle ePub Free

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eBook details

• Title: Larry O. Larson v. State Alaska
• Author : Court Of Appeals Of Alaska
• Release Date : January 14, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Larry Larson and Richard Buza broke into a home and assaulted and robbed the occupants. As a result, Larson was convicted of burglary in the first degree, AS 11.46.300(a)(1), robbery in the first degree, AS 11.41.500(a)(1), and assault in the second degree, AS 11.41.210(a)(1). Larsons conviction was affirmed in Larson v. State, 656 P.2d 571 (Alaska App. 1982) (Larson II). Larson received consecutive sentences of ten years for the burglary, twenty years for the robbery, and ten years for the assault, for a total sentence of forty years. This forty-year sentence was made consecutive to a previously imposed eight-year sentence for shooting with intent to wound, former AS 11.15.150. Larson appeals his total sentence, contending that it is excessive. Specifically, he argues that the trial court erred (1) in treating him as a third felony offender, (2) in applying the same aggravating factors to increase the presumptive sentence for each offense, and, (3) in imposing sentences that are consecutive both to each other and to the previously imposed eight-year term. We affirm in part and reverse in part. We conclude that Larson should not have been treated as a third felony offender and that the record does not support a sentence of more than forty years imprisonment. If the same sentences are imposed on remand, they should not be made consecutive to the eight-year sentence previously imposed on Larson. In all other respects we affirm the judgment of the superior court.

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