Legal Opinion · Concurrence

Moore v. State

Court of Appeals of Alaska

Decided January 18, 2008No. A-9691Published

1ConcurrenceMannheimer, Judge

In Moore v. State, 123 P.3d 1081 (Alaska App.2005), we affirmed Matthew Mark Moore's convictions for attempted first-degree sexual assault and first-degree burglary,1 but we directed the superior court to reconsider whether the evidence supported a finding of aggravating factor AS 12.55.155(c)(8)-i.e., whether Moore had a criminal history of aggravated or repeated instances of assaultive behavior.

During the resentencing proceedings that were held on remand, Moore conceded that he had two prior delinquency adjudications for assault-an adjudication for third-degree assault, and an adjudication…

2Cases cited11 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Berfield v. StateAlaska Supreme Court · 1969
  3. Edmonds v. StateCourt of Appeals of Alaska · 2005
  4. Grohs v. StateCourt of Appeals of Alaska · 2005
  5. State v. AuliyeCourt of Appeals of Alaska · 2002

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