State v. Gibbs

This case raises the issue of whether, under Alaska sentencing law, one or more aggravating factors must be proved before a judge has the authority to sentence a first felony offender to a total term of imprisonment — time to serve plus suspended time— that exceeds the presumptive term for a second felony offender convicted of the same offense.

As we explained in our opinion in this ease, State v. Gibbs, Alaska App. Opinion No.1966, 105 P.3d 145, 2005 WL 32081 (January 5, 2005), we have repeatedly and consistently construed Alaska’s sentencing statutes as authorizing such a sentence, even in…