Edgar Deal v. State Alaska

MATTHEWS, Justice. OPINION. Edgar Deal was convicted of armed robbery in violation of AS 11.15.240 1 and AS 11.15.295 2 and sentenced to a prison term of 10 years. He brings this sentence appeal, contending that the court mistakenly assumed that it had no power to suspend a portion of the 10 year sentence and that the sentence is excessive. The state has conceded that the court was wrong in believing that it was without authority to suspend a portion of the 10 year sentence, but contends that the remarks of the court made at sentencing indicate that it would have imposed the 10 year sentence even if it had thought a more lenient one was legally permissible, and thus any error is harmless. The state further argues that the sentence is not excessive.