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McCLAIN v. STATE

Court of Appeals No. A-9814.

JERRY D. McCLAIN, Appellant, v. STATE OF ALASKA, Appellee.

Court of Appeals of Alaska.

September 24, 2008.

Attorney(s) appearing for the Case

Marcia E. Holland, Contract Attorney, Public Defender Agency, and Quinlan G. Steiner, Public Defender, 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.

MEMORANDUM OPINION AND JUDGMENT

COATS, Chief Judge.

Alaska Statute 12.55.125(a)(3) provides that a "defendant convicted of murder in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years when the court finds by clear and convincing evidence that the defendant subjected the murder victim to substantial physical torture." Jerry D. McClain entered a no contest plea to murder in the first degree. Superior Court Judge Michael L....

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