Legal Opinion
State v. Gibbs
Court of Appeals of Alaska
Decided January 5, 2005No. A-8953PublishedCited by 12 opinions
1Opinion of the Court
OPINION
COATS, Chief Judge.
This case presents the issue of whether the United States Supreme Court’s recent decision in Blakely v. Washington 1 affects the sentencing of first felony offenders convicted of class B and class C felonies — that is, felony offenders who are not subject to a presumptive term under Alaska’s presumptive sentencing laws.
AS 12.55.125(k)(2) provides that when a first felony offender is “convicted of an offense for which a presumptive term of imprisonment is not specified” — that is, a class B or class C felony — the offender “may not be sentenced to a term of…
2Cases cited4 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Austin v. StateCourt of Appeals of Alaska · 1981
- Tazruk v. StateCourt of Appeals of Alaska · 1982
3Cited by12 opinions
- Haag v. StateCourt of Appeals of Alaska · 2005
- Carlson v. StateCourt of Appeals of Alaska · 2006
- Lamb v. AndersonAlaska Supreme Court · 2006
- Dayton v. StateCourt of Appeals of Alaska · 2005
- Smart v. StateCourt of Appeals of Alaska · 2006
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