Andrew v. State

OPINION

BRYNER, Chief Judge.

This sentence appeal requires us to consider the extent to which the rule of Austin v. State, 627 P.2d 657, 657-58 (Alaska App.1981), applies when a first felony offender is sentenced for a probation violation that has been proven by a mere preponderance of the evidence, and not by clear and convincing evidence. In Austin, we held that “[njormally a first offender should receive a more favorable sentence than the presumptive sentence for a second offender.” We indicated that this rule should be deviated from only in exceptional cases. Id.

Subsequently, in Brezenoff…