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KELLEY v. STATE

No. A-3134.

785 P.2d 567 (1990)

David L. KELLEY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

January 19, 1990.

Attorney(s) appearing for the Case

R. Scott Taylor, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for appellant.

Brent Cole, 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.

David L. Kelley was charged by information with burglary in the second degree and theft in the second degree. In return for Kelley's no contest plea to the theft charge, the state dismissed the charge of burglary. Kelley had previously been convicted of a burglary and was consequently subject to a two-year presumptive term. Kelley alleged no mitigating factors, and the state alleged...

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