Gilbreath v. State

OPINION

BRYNER, Chief Judge.

Royce Gilbreath pled nolo contendere to one count of misconduct involving weapons *1356in the first degree, AS 11.61.200(a)(1). He was sentenced as a third felony offender under the presumptive sentencing statute; the prior convictions proven by the state were for assault with a dangerous weapon in 1976 and felon in possession of a weapon in 1978. Gilbreath was thus subject to the three-year presumptive term for this class C felony. AS 12.55.125(e)(2). Superior Court Judge Victor D. Carlson found two factors in aggravation pursuant to AS 12.-55.155(c) and sentenced…