Weiss v. State

OPINION

COATS, Judge.

Matthew S. Weiss was convicted, based upon his plea of no contest, of sexual abuse of a minor in the second degree, a class B felony. AS 11.41.436(a)(1). Superior Court Judge Peter A. Michalski sentenced Weiss, a first felony offender, to four years of imprisonment. Weiss appeals, arguing that the sentence is excessive. We remand.

At the time of the offense Weiss was twenty-one years old. He was serving in the United States Army. In December of 1987, Weiss and his wife agreed to allow Weiss’ wife’s fourteen-year-old sister to live with them. The sister-in-law, S.H., was…