Clark v. State

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MANNHEIMER, Judge.

In this appeal, we are asked to decide whether presumptive sentencing applies to defendants convicted of felony driving while intoxicated. We hold that it does.

Johnny L. Clark drove a motor vehicle while he was intoxicated, a violation of AS 28.35.0830(a). This offense is normally a misdemeanor; but because Clark had two prior convictions for this erime within the preceding five years, his offense was a class C felony under AS 28.35.080(n). Clark pleaded no contest to this charge.

Clark had thirty-one prior eriminal convictions. These convictions included two…