Samuel O. Wood v. State Alaska

Samuel O. Wood pled no contest and was convicted of one count of burglary in the first degree, a class B felony, AS 11.46.300(a)(1), and one count of burglary in the second degree, a class C felony, AS 11.46.310(a). Wood is a first felony offender. A second felony offender convicted of burglary in the first degree would be subject to a four-year presumptive term, while a second felony offender convicted of burglary in the second degree would be subject to a two-year presumptive term. AS 12.55.125(d) (1), AS 12.55.125(e) (1). Judge Carlson sentenced Wood to four years for count I, and eighteen months for count II, to be served consecutively. No part of the sentence was suspended. Thus, Woods total sentence is five and one-half years. Wood appealed contending that his total sentence is excessive. We agree and remand for resentencing.