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WHITESIDES v. STATE

No. A-8274.

88 P.3d 147 (2004)

Shaun M. WHITESIDES, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 2, 2004.

Attorney(s) appearing for the Case

Michael P. Heiser, Ketchikan, for the Appellant.

Nancy R. Simel, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for the Appellee.

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

OPINION

MANNHEIMER, Judge.

In this sentence appeal, we are asked to construe AS 12.55.155(c)(1), one of the statutory aggravating factors that authorize a sentencing judge to exceed the presumptive term of imprisonment in cases governed by presumptive sentencing. Subsection (c)(1) states that a defendant's presumptive term can be aggravated if "a person, other than an accomplice, sustained physical injury as a direct result of the defendant's conduct...

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