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Custer v. State4/9/2004
both cases - his sentence of 3 years, 5 months - is clearly mistaken, given the whole of Custer's criminal history, the conduct underlying his two felony assault convictions, and his behavior while on probation.
Custer faced revocation of his probation in both of his felony assault cases, and he therefore faced a total of 82 months (6 years, 10 months) of previously suspended jail time, when he appeared in front of Judge Savell for the revocation sentencing hearing on June 9, 2003. Given Custer's two underlying felony offenses, his lengthy list of other offenses, and his repeated failures to cope with his alcohol problem during his felony probation, Judge Savell was not clearly mistaken when he imposed half of Custer's remaining suspended time - 3 years, 5 months.
Conclusion
The sentencing decision of the superior court is AFFIRMED.
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