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DUNCAN v. STATE

No. A-2771.

782 P.2d 301 (1989)

Ralph DUNCAN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

November 9, 1989.

Attorney(s) appearing for the Case

Cynthia Strout, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for appellant.

Susan A. Parkes, Asst. Dist. Atty., Dwayne W. McConnell, Dist. Atty., Anchorage, and Douglas B. Baily, Atty. Gen., Juneau, for appellee.

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

OPINION

BRYNER, Chief Judge.

The sole question presented in this sentence appeal is whether the three-judge sentencing panel may consider the mitigated nature of a defendant's prior felony conviction as a factor in the overall determination of whether imposition of the presumptive term for a subsequent felony conviction would be manifestly unjust. We conclude that the three-judge panel is not barred from considering the circumstances surrounding the defendant...

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