Ison v. State

OPINION

MANNHEIMER, Judge.

Kyle C. Ison appeals the 2-year presumptive term he received for felony driving while intoxicated, AS 28.35.030(a) and 030(n); AS 12.55.125(e)(1). He questions the superior court’s rulings on two of the mitigating factors listed in AS 12.55.155(d). Specifically, Ison asks us to reverse the superior court’s rejection of mitigator (d)(9), to clarify the meaning of mitigating factor (d)(13), and to address the relationship between mitigators (d)(9) and (d)(13).

As a preliminary matter, the State questions Ison’s right to appeal. The State relies on Alaska Appellate Rule…