Smith v. State

OPINION

STEWART, Judge.

A person commits first-degree weapons misconduct under AS 11.61.190(4)@) if the person "discharges a firearm from a propelled vehicle while the vehicle is being operated," and if this discharge is done "under cireumstances manifesting a substantial and unjustifiable risk of physical injury to a person or damage to property." This offense is a class A felony. 1 Under AS 12.55.125(c), a first felony offender convicted of a class A felony is subject to either a 7-year or a 5-year presumptive term. Charles W. Smith pleaded no contest to one count of first-degree weapons…