(DOWNLOAD) "Robert W. New v. State Alaska" by Court Of Appeals Of Alaska * eBook PDF Kindle ePub Free
eBook details
- Title: Robert W. New v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 21, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Robert W. New was convicted after a jury trial of one count of manslaughter, AS 11.41.120(a)(1), one count of assault in the first degree, AS 11.41.200(a)(1), and two counts of assault in the third degree, AS 11.41.220(a)(2). Although New was a first felony offender, he was subject to presumptive sentences of five years for manslaughter and seven years for first-degree assault, since both offenses are class A felonies. See AS 12.55.125(c)(1), (2); AS 11.41.120(b); AS 11.41.200(b). Prior to sentencing, New alleged that one mitigating factor applied to his case; he alternatively requested referral of his case to the three-Judge sentencing panel. Superior Court Judge Ralph E. Moody rejected News proposed mitigating factor and denied his request for referral to the three-Judge panel. Judge Moody sentenced New to concurrent terms of five and seven years for the manslaughter and first-degree assault convictions, respectively. The Judge suspended the imposition of sentence on the two remaining third-degree assault convictions. New appeals, contending that the trial court improperly excluded expert testimony and that it erred in denying motions for a judgment of acquittal and for a new trial. New also challenges his sentence. He asserts that the trial court erred in rejecting his proposed mitigating factor and in failing to refer the case to the three-Judge panel for sentencing. We affirm News conviction, but remand for sentencing before the three-Judge panel.
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