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TYLER v. STATE

No. A-8991.

133 P.3d 686 (2006)

David A. TYLER, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 31, 2006.

Attorney(s) appearing for the Case

Linda K. Wilson, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

Diane L. Wendlandt, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for the Appellee.

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

OPINION

STEWART, Judge.

David Tyler was convicted of felony driving while intoxicated and faced a 3-year presumptive term because he was a third felony offender. After Tyler conceded two aggravating factors, the superior court imposed 5 years' imprisonment. Tyler argues that his sentence was illegal under Blakely v. Washington1 because neither aggravator was found by jury beyond a reasonable doubt. Because Tyler...

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