(Download) "Robert Rivas v. State Alaska" by Court Of Appeals Of Alaska * eBook PDF Kindle ePub Free
eBook details
- Title: Robert Rivas v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 17, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Robert Rivas pled no contest to and was convicted of one count of misconduct involving a controlled substance in the fourth degree--cocaine--a class C felony, AS 11.71.040(a)(3)(A), and five counts of misconduct involving a controlled substance in the third degree--possession of cocaine for sale--a class B felony, AS 11.71.030(a)(1). He received a sentence of two years on Count I and four years on Counts II through VI. The sentences on Counts, I, II, and III were concurrent. The sentences on Counts IV, V, and VI were consecutive to those imposed for Counts I, II, and III, and concurrent with one another. The sentences imposed for Counts IV, V, and VI were suspended and the defendant was placed on probation for five years. Thus, Rivas was sentenced to a total of eight years with four years suspended. He appeals, contending that the sentence is excessive. We agree and remand for resentencing not to excess six years with two years suspended. In reaching this Conclusion, we follow Stuart v. State, 698 P.2d 1218 (Alaska App. 1985), and Lausterer v. State, 693 P.2d 887 (Alaska App. 1985).