Totemoff v. State

OPINION

SINGLETON, Judge.

Roger S. Totemoff pled no contest and was convicted of one count of sexual assault in the first degree, an unclassified felony. AS 11.41.410(a)(1). The maximum penalty is thirty years' incarceration. AS 12.55.125(i). Presumptive terms are respectively: eight years for a first-felony offender, fifteen years for a second-felony offender, and twenty-five years for a third-felony offender. AS 12.55.125(i)(1), (3), and (4). As a second-felony offender, Totemoff was subject to a fifteen-year presumptive term.

Superior Court Judge Beverly W. Cutler concluded that no mitigating…