Russell P. Sundberg v. State Alaska Book Reviews

Russell P. Sundberg v. State Alaska by Court Of Appeals Of Alaska Book Summary

This is a sentence appeal following resentencing after remand in Sundberg v. State, 636 P.2d 619 (Alaska App. 1981). The facts of the case are set out there and will not be repeated here. In our opinion we affirmed Sundbergs conviction for grand larceny, but ordered the trial court to vacate Sundbergs sentence for receiving or concealing stolen property. We noted that Sundberg had been sentenced to ten years for his conviction for grand larceny, the maximum possible sentence. We further noted that his record reflected two prior felony convictions for burglary not in a dwelling in 1971, and larceny in a building in 1974; that Sundberg had been convicted of many misdemeanors; that Sundbergs current theft was aggravated by the fact that extensive property was involved, valued at roughly $15,000; and that the theft was premeditated. We noted in passing the trial Judges characterization of Sundberg as a worst offender, but concluded that Sundbergs crime under the new criminal code would have been charged as theft in the second degree under AS 11.46.130, permitting a maximum sentence of five years. Reasoning that this recent expression of legislative intent should be considered by the trial Judge, even though not strictly applicable to Sundbergs offense, we remanded the case for resentencing.

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Russell P. Sundberg v. State Alaska (Court Of Appeals Of Alaska) Book Reviews 2024

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