Tate v. State

OPINION

SINGLETON, Judge.

James A. Tate pled nolo contendere and was convicted of burglary in the second degree, a class C felony. AS 11.46.310. Tate is a first felony offender. The maximum penalty for a class C felony is five years’ imprisonment. AS 12.55.125(e). Presumptive terms are, respectively, two and three years for second and third felony offenders. Id. Superior Court Judge Gerald J. Van Hoomissen sentenced Tate to a term of five years with three suspended. Tate appeals, contending that the sentence is excessive. We agree and reverse.

James Tate and Donald L. Bumpus broke into a…