[DOWNLOAD] "Christopher M. Smith and Walter King V." by Court Of Appeals Of Alaska * eBook PDF Kindle ePub Free

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eBook details

• Title: Christopher M. Smith and Walter King V.
• Author : Court Of Appeals Of Alaska
• Release Date : January 27, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

BRYNER, Chief Judge In this case, we must determine whether manifest inJustice resulted from the three-Judge sentencing panel's failure to consider, as a mitigating factor in sentencing, favorable information pertaining to the defendants potential for rehabilitation. Christopher Smith and Walter King were each charged with two counts of robbery in the first degree, a violation of AS 11.41.500(a) (1), and were convicted after entering pleas of no contest and guilty. Both men, though first felony offenders, were subject to seven-year presumptive terms of imprisonment. AS 12.55.125(c). At the request of Smith and King, Superior Court Judge J. Justin Ripley referred the case to the three-Judge sentencing panel, finding that manifest inJustice would result if the presumptive terms were imposed without consideration of the defendants favorable backgrounds. The panel remanded the case to Judge Ripley, however, concluding that imposition of the presumptive sentence would not amount to a manifest inJustice. On remand, at the direction of the panel, Judge Ripley sentenced Smith and King to concurrent seven-year presumptive terms. Smith and King appeal, contending that the three-Judge panel erred in failing to find manifest inJustice.

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