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COLES v. STATE

No. A-8195.

64 P.3d 149 (2003)

Shane Daniel COLES, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

February 14, 2003.

Attorney(s) appearing for the Case

Jane M. Banaszak, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Erin E. White, 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.

Shane Daniel Coles appeals the 5-year sentence he received for felony driving while intoxicated. A 5-year term is the maximum term for this offense. Under Alaska law, before a sentencing judge can impose a maximum sentence, the judge must find that the defendant is a "worst offender" as that term is defined in State v. Wortham, 537 P.2d 1117, 1120 (Alaska 1975) and Napayonak v...

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