Dayton v. State

OPINION

MANNHEIMER, Judge.

This case requires us to resolve the slight inconsistency between the "Austin" rule-the sentencing rule first established by this Court in Austin v. State, 627 P.2d 657, 657-58 (Alaska App.1981)-and the later legislative codification of that rule in former AS 12.55.125(k)(2).

As we explain in more detail below, we promulgated the Austin rule under our common-law authority to create rules to implement and supplement the then-existing statutes governing the sentencing of first felony offenders convicted of class B and class C felonies-i.e., offenders who were not subject…