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BENBOE v. STATE

No. A-225.

698 P.2d 1230 (1985)

Kevin BENBOE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 3, 1985.

Attorney(s) appearing for the Case

Thomas G. Nave, Asst. Public Defender, Juneau, and Dana Fabe, Public Defender, Anchorage, for appellant.

Stephanie E. Joannides, Asst. Dist. Atty., Richard A. Svobodny, Dist. Atty., and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

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

OPINION

BRYNER, Chief Judge.

Kevin Benboe pled nolo contendere to sexual assault in the second degree, a class B felony. AS 11.41.420. Superior Court Judge Rodger W. Pegues sentenced Benboe to eight years' imprisonment with one year suspended. Benboe appeals his sentence as excessive. We reverse.

THE OFFENSE

R.E.W., a six-year-old girl, and R.E.W.'s half-brother were spending the night at his father's home and sleeping on a living...

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