Thomas W. Blackmon v. State Alaska

S.B. was convicted by a jury of three related offenses: sexual abuse of a minor in the first degree, an unclassified offense, AS 11.41.434(a)(2)(B), and two counts of sexual abuse of a minor in the second degree, class B felonies, AS 11.41.436(a)(3)(B). Superior Court Judge Seaborn J. Buckalew, Jr., sentenced S.B. to an eight-year presumptive term for court I, and concurrent sentences of three years to serve on counts II and III, to run concurrent with the eight-year term. S.B. appeals, contending that the trial court erred in failing to find statutory mitigating factor AS 12.55.155(d)(9), which provides: