Austin v. State

OPINION

Evans Austin pled guilty to a charge of criminal mischief in the second degree in violation of AS 11.46.482(a)(4), 1 a class C felony. He was charged with unlawfully taking a car and causing damage to it in excess of $500. He was sentenced to serve three years and has appealed that sentence to this court.

Austin argues that since this conviction was his first felony offense, that his sentence was excessive because it was greater than the presumptive sentence for a person who had a prior felony. 2 Normally a1 first offender should receive a more favorable sentence than the presumptive…