Larry Atkinson v. State Alaska

Larry Atkinson pled no contest and was convicted of one count of sexual assault in the first degree. Former AS 11.41.410(a)(3) (a person commits the crime of sexual assault in the first degree if, being sixteen years of age or older, he engages in sexual penetration with another person under thirteen years of age). At the time Atkinson committed this offense it was a class A felony punishable by a maximum penalty of twenty years imprisonment, with presumptive terms, respectively, of six years for someone who used a firearm or caused serious physical injury, ten years for someone who had previously been convicted of a felony, and fifteen years for someone who had been previously convicted of two felonies. Former AS 12.55.125(c). Atkinson was sentenced to ten years with four years suspended. He appeals contending the sentence is excessive. We affirm.