Benboe v. State

OPINION

BRYNER, Chief Judge.

Kevin Benboe pled nolo contendere to sexual assault in the second degree, a class B felony. AS 11.41.420. Superior Court Judge Rodger W. Pegues sentenced Ben-boe to eight years’ imprisonment with one year suspended. Benboe appeals his sentence as excessive. We reverse.

THE OFFENSE

R.E.W., a six-year-old girl, and R.E.W.’s half-brother were spending the night at his father’s home and sleeping on a living room couch. Benboe, who was also staying at the house, woke R.E.W. and asked her if “he could feel it.” R.E.W. told him no, but Benboe pushed his hand inside her…