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CURTIS v. STATE

No. A-4035.

831 P.2d 359 (1992)

Jack CURTIS, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 15, 1992.

Attorney(s) appearing for the Case

David R. Weber, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for appellant.

Susan Wibker, Asst. Dist. Atty., Edward E. McNally, Dist. Atty., Anchorage, and Charles E. Cole, Atty. Gen., Juneau, for appellee.

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

OPINION

MANNHEIMER, Judge.

On August 9, 1990, Jack Curtis was sentenced for driving while intoxicated (DWI), AS 28.35.030(a). Believing that Curtis was a first DWI offender, the district court sentenced him to 60 days' imprisonment with 57 days suspended, plus a $250 fine. The 3 days to serve and the $250 fine were the specified minimum penalties for a first offender. AS 28.35.030(c).

Two months later, the State moved to modify Curtis's sentence...

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