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MERRY v. STATE

No. A-1635.

752 P.2d 472 (1988)

Robert MERRY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

Rehearing Denied April 12, 1988.

Attorney(s) appearing for the Case

Larry S. Cohn, Douglas S. Miller, Asst. Public Advocates, Brant McGee, Public Advocate, and Walter R. Share, Anchorage, for appellant.

Cynthia M. Hora, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Grace Berg Schaible, Atty. Gen., Juneau, for appellee.

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

OPINION

COATS, Judge.

In 1983 Robert Merry pled no contest to two counts of misconduct involving a controlled substance in the third degree, a class B felony. AS 11.71.030(a)(1). Superior Court Judge S.J. Buckalew, Jr., sentenced Merry to five years with three and one-half years suspended. In 1985, Merry committed his second felony. Merry subsequently pled no contest to one count of misconduct involving a controlled substance in the third degree. As a second...

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