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FITZGERALD v. STATE

No. A-7895.

42 P.3d 1143 (2002)

Robert C. FITZGERALD, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 8, 2002.

Attorney(s) appearing for the Case

David D. Reineke, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Donald R. Kitchen, Assistant District Attorney, Susan A. Parkes, District Attorney, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

Robert C. Fitzgerald was convicted of first-degree sexual abuse of a minor in December 2000. Because Fitzgerald was a "third felony offender" for presumptive sentencing purposes, he faced a 25-year presumptive term of imprisonment for this crime. Based on Fitzgerald's criminal record and on the State's proof of five aggravating factors, Superior Court Judge pro tempore John R. Lohff concluded that Fitzgerald was a...

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