Adam Linn v. State Alaska

This is a sentence appeal. Linn was convicted of two counts of burglary in the second degree. AS 11.46.310. Burglary in the second degree is a class C felony. Linn was given a three-year presumptive sentence as a third felony offender. A "third felony conviction" means that the defendant has been at least twice previously convicted of a felony. AS 12.55.185(8). Linn appeals contending that his two prior felonies should be treated as a single prior felony for purposes of presumptive sentencing and that therefore he is only a second felony offender. The also argues that his sentence for the burglary should not have been made consecutive to the sentence received for the probation revocation on the earlier forgery offense. The state cross-appeals contending that the trial court ignored two aggravating factors which were established in the evidence and therefore imposed a sentence that was too lenient. We have reviewed the record and considered the arguments of the parties and find no error. We therefore affirm the sentence of the superior court.