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STATE v. GIBBS

No. A-8953.

105 P.3d 145 (2005)

STATE of Alaska, Petitioner, v. Stephanie L. GIBBS, Respondent.

Court of Appeals of Alaska.

Rehearing Denied January 28, 2005.

Attorney(s) appearing for the Case

Diane L. Wendlandt, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Petitioner.

Leslie A. Hiebert, Assistant Public Advocate, and Joshua Fink, Public Advocate, Office of Public Advocacy, Anchorage, for Respondent.

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

OPINION

COATS, Chief Judge.

This case presents the issue of whether the United States Supreme Court's recent decision in Blakely v. Washington1 affects the sentencing of first felony offenders convicted of class B and class C felonies — that is, felony offenders who are not subject to a presumptive term under Alaska's presumptive sentencing laws.

AS 12.55.125(k)(2) provides that when a first felony...

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