[Download] "Billy Ray Hartley v. State Alaska" by Court Of Appeals Of Alaska ~ Book PDF Kindle ePub Free
eBook details
- Title: Billy Ray Hartley v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 29, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Billy Ray Hartley was convicted of first degree sexual assault, a class A felony, AS 11.41.410(a)(1), and burglary in the first degree, a class B felony, AS 11.46.300(a)(1). As a second offender Hartley was sentenced to the four-year presumptive term for the burglary. The presumptive term for the sexual assault was ten years. Judge Carlson found an aggravating factor--that the victim was incapacitated, AS 12.55.155(c) (5)--upon which the state had not previously relied. He sentenced Hartley to fifteen years imprisonment for the sexual assault, to be served concurrently with the sentence for the burglary. Hartley appeals his conviction and sentence. We will discuss his contentions that the court erred in refusing to instruct on certain lesser-included offenses, in finding an aggravating factor which had not been relied upon by the state, and in not giving Hartley advance notice and an opportunity to be heard.
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