[DOWNLOAD] "Clifford R. Fry v. State Alaska" by Court Of Appeals Of Alaska " Book PDF Kindle ePub Free

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eBook details

• Title: Clifford R. Fry v. State Alaska
• Author : Court Of Appeals Of Alaska
• Release Date : January 07, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

BRYNER, Chief Judge. OPINION Clifford Fry was convicted by a jury of misconduct involving weapons in the first degree, a violation of AS 11.61.200(a)(1). This statute prohibits persons previously convicted by a felony from possessing any concealable firearm; it is designated as a class C felony, with a maximum penalty of five years' imprisonment and presumptive terms of two and three years for second and third felony offenders, respectively. AS 12.55.125(e). Because Fry had a prior felony conviction, the sentencing court treated him as a second felony offender and applied presumptive sentencing in his case. Prior to imposing sentence, the superior court concluded that an aggravating factor had been established by the state and, apparently on that basis, imposed a sentence exceeding the two-year presumptive term for a second felony offender. The court sentenced Fry to three years' imprisonment, with one year suspended. Fry subsequently filed this sentence appeal. The initial argument advanced by Fry is that he should not have been subjected to presumptive sentencing as a second felony offender. Fry asserts that, because his prior felony conviction was an essential element of the crime for which he was convicted and sentenced in this case, 1 it is improper to rely upon the same conviction a second time, by using it as the basis for imposing a presumptive term for the purpose of enhancing his sentence. We reject the position advocated by Fry.

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