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PHELPS v. STATE

No. A-10709.

236 P.3d 381 (2010)

Eugene Clayton PHELPS, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

July 23, 2010.

Attorney(s) appearing for the Case

Cynthia L. Strout, Anchorage, for the Appellant.

James J. Fayette, Assistant District Attorney, Anchorage, and Daniel S. Sullivan, Attorney General, Juneau, for the Appellee.

Before COATS, Chief Judge, and MANNHEIMER and BOLGER, Judges.

OPINION

MANNHEIMER, Judge.

This case requires us to re-examine and apply the Neal-Mutschler rule—the rule that, when a defendant is being sentenced for two or more crimes, the defendant's composite sentence of imprisonment may not exceed the maximum sentence of imprisonment for the defendant's single most serious offense unless the sentencing judge affirmatively finds that a longer term of imprisonment is necessary to protect the public...

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