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TATE v. STATE

No. A-723.

711 P.2d 536 (1985)

James A. TATE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

December 20, 1985.

Attorney(s) appearing for the Case

Cameron W. Leonard, Asst. Public Defender, Fairbanks and Dana Fabe, Public Defender, Anchorage, for appellant.

Alan Hooper, Asst. Dist. Atty. and Harry L. Davis, Dist. Atty., Fairbanks and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

James A. Tate pled nolo contendere and was convicted of burglary in the second degree, a class C felony. AS 11.46.310. Tate is a first felony offender. The maximum penalty for a class C felony is five years' imprisonment. AS 12.55.125(e). Presumptive terms are, respectively, two and three years for second and third felony offenders. Id. Superior Court Judge Gerald J. Van Hoomissen sentenced Tate to a term of five years...

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