Merry v. State

OPINION

COATS, Judge.

Robert Merry pled no contest to one count of misconduct involving a controlled substance in the third degree. AS 11.71.-030(a)(1). Misconduct involving a controlled substance in the third degree is a class B felony. Merry, a second felony offender, was therefore subject to a presumptive sentence of four years. AS 12.-55.125(d)(1). Sentencing Judge Roy H. Madsen found that three aggravating factors applied to Merry’s sentence. Based on these aggravating factors, Judge Mad-sen enhanced Merry’s sentence by two years. He therefore sentenced Merry to six years’ imprisonment.…