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LUCKART v. STATE

No. A-10388.

270 P.3d 816 (2012)

James LUCKART, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

January 27, 2012.

Attorney(s) appearing for the Case

Michael Schwaiger , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, for the Appellant.

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

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

OPINION

BOLGER, Judge.

James Luckart was convicted of attempted first-degree sexual assault. Superior Court Judge Patricia A. Collins referred the case to the three-judge sentencing panel based on her findings suggesting that it would be manifestly unjust to impose a sentence within the presumptive range for this offense. The panel agreed that it would be manifestly unjust to sentence Luckart within the presumptive range, but the panel declined to...

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