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OYOUMICK v. STATE

No. A-9736.

185 P.3d 771 (2008)

Melvin OYOUMICK, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

June 6, 2008.

Attorney(s) appearing for the Case

Leslie A. Hiebert, Assistant Public Advocate, and Joshua P. Fink, Public Advocate, Anchorage, for the Appellant.

Diane L. Wendlandt, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for the Appellee.

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

OPINION

MANNHEIMER, Judge.

This appeal presents several questions regarding the rules that govern the re-sentencing of first felony offenders under Alaska's pre-2005 sentencing law when their probation is revoked.

The defendant, Melvin Oyoumick, was convicted of attempted second-degree sexual abuse of a minor, a class C felony. Oyoumick was a first felony offender. Because no presumptive term was prescribed for first felony offenders convicted...

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