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PRESTON v. STATE

No. 5844.

634 P.2d 550 (1981)

Melody PRESTON, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

October 9, 1981.

Attorney(s) appearing for the Case

Jane F. Kauvar, Asst. Public Defender, Fairbanks, and Brian Shortell, Public Defender, Anchorage, for petitioner.

Harry L. Davis, Dist. Atty., Fairbanks, and Wilson L. Condon, Atty. Gen., Juneau, for respondent.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice.

OPINION

DIMOND, Senior Justice.

Melody Preston was convicted of burglary in a dwelling, and was sentenced to eight years' imprisonment with three years suspended. On appeal, this court held that the five years' imprisonment she would be obliged to serve under the superior court's sentence was not warranted.

In our opinion, Preston should not be sentenced to imprisonment for more than three years, followed by a period of five years' probation.

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