Buoy v. State

OPINION

BRYNER, Chief Judge.

This sentence appeal requires us to determine what standard of proof applies to the resolution of factual issues arising under the rule in Austin v. State, 627 P.2d 657, 657-58 (Alaska App.1981).

Shane Dwayne Buoy entered a plea of no contest to one count of criminally negligent homicide, a class C felony. The conviction was based on Buoy’s having supplied another person with information that facilitated the commission of a burglary and robbery at the home of Buoy’s grandfather, who was killed in the course of the crimes.

Criminally negligent homicide is a class C…