ANDREW v. STATE

No. A-3949.

835 P.2d 1251 (1992)

Moses ANDREW, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

June 30, 1992.


Attorney(s) appearing for the Case

Susan Orlansky, Asst. Public Defender and John B. Salemi, Public Defender, Anchorage, for appellant.

Nancy Simel, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage and Charles E. Cole, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS, J., and HUNT, Superior Court Judge.


OPINION

BRYNER, Chief Judge.

This sentence appeal requires us to consider the extent to which the rule of Austin v. State, 627 P.2d 657, 657-58 (Alaska App. 1981), applies when a first felony offender is sentenced for a probation violation that has been proven by a mere preponderance of the evidence, and not by clear and convincing evidence. In Austin, we held that "[n]ormally a first offender should receive...

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