Reynolds v. State

OPINION

BRYNER, Chief Judge.

Gary S. Reynolds was convicted on his plea of no contest to the charge of burglary in the second degree. AS 11.46.310(a). The offense, a class C felony, is punishable by a maximum term of five years and by presumptive terms of two years for second felony offenders and three years for third felony offenders. Superior Court Judge Gerald J. Van Hoomissen sentenced Reynolds, a first felony offender, to a term of five years with three years suspended. Reynolds appeals, contending that the sentence is excessive. We reverse.

In Austin v. State, 627 P.2d 657, 657-58 (Alaska…