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LAYLAND v. STATE

No. 2739.

549 P.2d 1182 (1976)

Fred Jay LAYLAND, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

May 17, 1976.

Attorney(s) appearing for the Case

Kent L. Yarbrough, of Albert Maffei, Maffei, Inc., Anchorage, for appellant.

Avrum M. Gross, Atty. Gen., Juneau, Joseph D. Balfe, Dist. Atty., and Ivan Lawner, Asst. Dist. Atty., Anchorage, for appellee.

Before BOOCHEVER, Chief Justice, and RABINOWITZ, CONNOR, ERWIN and BURKE, Justices.

OPINION

ERWIN, Justice.

In this appeal we are asked to determine whether the superior court was "clearly mistaken"1 in imposing a sentence of eight years with one-third to be served without the possibility of parole. The trial court entered this sentence after appellant Fred Layland was found guilty by a jury of manslaughter.

On November 17, 1973, Layland, while under the influence...

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