Jerry K. Collins v. State Alaska

Jerry K. Collins pleaded no contest to second-degree sexual assault, AS 11.41.420(a)(1), and fourth-degree assault, AS 11.41.230(a)(3).
Collins appeals the five-year term of imprisonment he received for second-degree sexual assault. We remand for further proceedings. Second-degree sexual assault is a class B felony; the presumptive term for a second felony offender is four years. AS 12.55.125(d)(1).
Collins was a first felony offender for presumptive sentencing purposes. Under Austin v. State, 627 P.2d 657 (Alaska App.
1981), the superior court should not have sentenced Collins to a term of imprisonment of four years or more unless it found
that his case was exceptional, based upon either statutory aggravating factors listed in AS 12.55.155(c) or non-statutory
aggravating factors that would justify referring his case to the three-Judge sentencing panel under AS 12.55.165.