Harlow v. State

OPINION

COATS, Judge.

Brian Harlow was convicted, based upon his plea of nolo contendere, of theft in the second degree, AS 11.46.130, and misconduct involving weapons in the first degree, AS 11.61.200. Both offenses are class C felonies. The sole issue on appeal in this case is whether Superior Court Judge Jay Hodges erred in treating Harlow as a second felony offender for purposes of presumptive sentencing.

Judge Hodges concluded that Harlow was a second felony offender. He found that a mitigating factor applied to Harlow’s sentencing, 1 and imposed a mitigated presumptive sentence for theft…