Dale P. Winther v. State Alaska

Dale P. Winther pled no contest and was convicted of three counts of sexual abuse of a minor in the first degree, an unclassified felony. AS 11.41.434(a)(1). The maximum penalty is thirty years incarceration. Presumptive terms are eight years for a first-felony offender, fifteen years for a second-felony offender, and twenty-five years for a third-felony offender. AS 12.55.125(i). Judge Mary E. Greene found no mitigating factors. AS 12.55.155. She concluded, however, that imposition of the presumptive term would be manifestly unjust in light of Winthers prospects for rehabilitation. Consequently, she referred Winther to a three-Judge panel for sentencing. AS 12.55.165 - .175. The three-Judge panel declined to reduce Winthers sentence and remanded for sentencing by Judge Greene. Judge Greene imposed three concurrent eight-year presumptive terms. Winther appeals, we affirm.