Tazruk v. State

OPINION

COATS, Judge.

Lazarus Tazruk was convicted in a jury trial of attempted sexual assault in the first degree, AS 11.41.410. He was sentenced by Judge Jay Hodges to eight years with five years suspended. He appeals this sentence as excessive. We affirm.

Tazruk is fifty-seven years old and has no prior felony convictions. He argues on appeal that his sentence exceeds the presumptive sentence which a second offender would receive. Austin v. State, 627 P.2d 657 (Alaska App.1981). Attempted sexual assault in the first degree is a class B felony, and the presumptive sentence which a second…