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DEGRATE v. STATE

No. A-8877.

117 P.3d 769 (2005)

Johnny Darnelle DEGRATE II, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

July 22, 2005.

Attorney(s) appearing for the Case

Randall S. Cavanaugh, Kalamarides & Lambert, for the Appellant.

Sharon A.S. Illsley, Assistant District Attorney, and Leonard M. Linton Jr., District Attorney, Anchorage, and Scott J. Nordstrand, Acting Attorney General, Juneau, for the Appellee.

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

OPINION

MANNHEIMER, Judge.

Johnny Darnelle Degrate II was convicted of second-degree assault and third-degree assault arising from a shooting incident. Superior Court Judge Larry D. Card sentenced Degrate to 7 years' imprisonment with 5 years suspended (2 years to serve).

Approximately three months after his sentencing, Degrate filed a motion under Alaska Criminal Rule 35(b) asking Judge Card to modify this judgement: Degrate asked Judge Card...

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