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MALLOY v. STATE

No. A-9011.

153 P.3d 1003 (2007)

Maureen Alice MALLOY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 2, 2007.

Attorney(s) appearing for the Case

Dan S. Bair, Assistant Public Advocate, and Chad W. Holt, Supervising Assistant Public Advocate, Anchorage, for the Appellant.

Timothy W. Terrell, 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

MANNHEIMER, Judge.

In this appeal, we are asked to revisit an issue that was decided by the Alaska Supreme Court in State v. Malloy, 46 P.3d 949 (Alaska 2002) (an earlier stage of this same case). Under AS 12.55.125(a)(3), a defendant convicted of first-degree murder faces a mandatory minimum 99-year term of imprisonment, with no possibility of discretionary parole, if the sentencing judge finds by...

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