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MOONEY v. STATE

No. A-9304.

167 P.3d 81 (2007)

Frank W. MOONEY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

September 7, 2007.

Attorney(s) appearing for the Case

Dan Lowery, Assistant Public Defender, and Quinlan Steiner, Public Defender, 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.

Frank W. Mooney seeks post-conviction relief from his conviction and sentence for first-degree sexual assault. In this appeal, Mooney asserts that he is entitled to relief on two bases.

First, Mooney contends that he rejected a favorable plea agreement because his attorney mistakenly (and incompetently) told him that he would be treated as a second felony offender for presumptive sentencing purposes, and that he...

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