Paul Polly v. State Alaska

Paul Polly was convicted after pleading no contest to three counts of sexual assault in the first degree. Former AS 11.41.410. At the time, first-degree sexual assault was a class A felony, punishable by a maximum penalty of twenty years imprisonment; presumptive terms of ten and fifteen years were prescribed for second and subsequent felony offenders. See former AS 12.55.125(c). As a first offender, Polly was not subject to presumptive sentencing. Superior Court Judge Ralph E. Moody sentenced Polly to the maximum twenty-year term on each count. Judge Moody made the sentences on Counts I and II concurrent to each other. The sentence on Count III was made consecutive to the other two counts but was suspended on condition that Polly complete a five-year period of probation following release. Pollys total sentence was thus forty years imprisonment with twenty years suspended. Polly appeals this sentence, contending that it is excessive. We reverse.