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STATE v. AFCAN

No. 3703.

583 P.2d 849 (1978)

STATE of Alaska, Appellant, v. Timothy AFCAN, Sr., Appellee. Timothy AFCAN, Sr., Cross-Appellant, v. STATE of Alaska, Cross-Appellee.

Supreme Court of Alaska.

September 8, 1978.

Attorney(s) appearing for the Case

Victor C. Krumm, Dist. Atty., Bethel, Avrum M. Gross, Atty. Gen., Juneau, for appellant and cross-appellee.

James H. Plasman, Allan Beiswenger, Asst. Public Defenders, Bethel, Brian C. Shortell, Public Defender, Anchorage, for appellee and cross-appellant.

Before BOOCHEVER, C.J., and RABINOWITZ, CONNOR, BURKE and MATTHEWS, JJ.

OPINION

MATTHEWS, Justice.

This is a sentence appeal in which the State argues that Timothy Afcan's five year concurrent sentence for two counts of assault with a dangerous weapon is too lenient while Afcan cross-appeals that his sentence is excessive. When a sentence is appealed by the State we will express our disapproval of the sentence when our independent examination of the record indicates that the lower court was clearly mistaken in imposing the sentence...

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