Custer v. State

OPINION

'MANNHEIMER, Judge.

Gilbert Ralph Custer appeals the sentence he received when the superior court revoked his felony probation for the fourth time in case number 2KB-99-276 Cr and sentenced Custer to serve all of his remaining suspended jail time: 38 months. With the imposition of these 38 months’ imprisonment, Custer has now been sentenced to a total of 5 years to serve — the maximum sentence — for the offense of third-degree assault.

Custer contends that this sentence violates the sentencing rule announced by this Court in Austin v. State 1 , and now codified in AS 12.55.125(k)(2): the…