Collins v. State

OPINION

MANNHEIMER, Judge.

Jerry K. Collins pleaded no contest to second-degree sexual assault, AS 11.41.-420(a)(1), and fourth-degree assault, AS 11.-41.230(a)(3). Collins appeals the five-year term of imprisonment he received for second-degree sexual assault. We remand for further proceedings.

Second-degree sexual assault is a class B felony; the presumptive term for a second felony offender is four years. AS 12.55.-125(d)(1). Collins was a first felony offender for presumptive sentencing purposes. Under Austin v. State, 627 P.2d 657 (Alaska App.1981), the superior court should not have…