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eBook details

• Title: Richard Johnson v. State Alaska
• Author : Court Of Appeals Of Alaska
• Release Date : January 14, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Richard Johnson was convicted by a jury of one count of sexual abuse of a minor in the first degree, an unclassified felony, AS 11.41.434(a)(1), and two counts of sexual abuse of a minor in the second degree, class B felonies, AS 11.41.436(a)(2). Superior Court Judge Jane R. Kauvar imposed the presumptive eight-year term for sexual abuse of a minor in the first degree and no sentence was imposed for the other counts. On appeal, Johnson argues that (1) the trial court erred in entering separate convictions for Counts I,... II, and III in violation of the guarantee against double jeopardy, (2) the trial court erred in imposing sentence without allowing Johnson his right of allocution, (3) the trial court ... erred in failing to find that Johnson had proved by clear and convincing evidence two statutory mitigating factors and, (4) the trial court erred in failing to refer the case to a three-Judge panel based either on a non-statutory mitigating factor or upon a finding that the presumptive term in this case would be manifestly unjust.

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