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GILLEY v. STATE

No. A-6619.

955 P.2d 927 (1998)

Herbert James GILLEY, Jr., Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 27, 1998.

Attorney(s) appearing for the Case

Vennie E. Nemecek, Assistant Public Defender, Palmer, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Jayne L. Wallingford, Assistant District Attorney, Susan A. Parkes, District Attorney, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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

MANNHEIMER, Judge.

In 1997, Herbert James Gilley, Jr., was convicted of felony driving while intoxicated, AS 28.35.030(a), (n). Gilley had two prior felony convictions, one from 1993 and the other from 1977. The question in this case is whether the superior court was obliged to treat Gilley as a third felony offender for purposes of presumptive sentencing, or whether (as Gilley contends) the superior court had the discretion to ignore the 1977 felony conviction and...

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