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Malloy v. State

5/19/2000

ite 198-year term with restricted parole for the kidnapping and first-degree murder of a high school student.


The evidence in this case reveals that Malloy engaged in prolonged and horrific abuse of another human being, and that she then committed cold-blooded murder while her victim was helpless and incapacitated. In short, the record fully supports Judge Andrews's findings and sentencing conclusions. Based on those findings and conclusions, we hold that Malloy's 159-year composite sentence is not clearly mistaken.


Conclusion


We affirm Malloy's convictions for first-degree murder, kidnapping, and tampering with evidence. We further affirm Malloy's composite sentence of 159 years to serve. However, because Malloy could not be sentenced under the portion of AS 12.55.125(a) that mandates a sentence of 99 years without possibility of parole, we hold that Malloy's judgment must be amended by deleting the words "without parole" from Malloy's sentence on Count I (first-degree murder). Malloy will be eligible for discretionary parole at the normal time - after she has served one-third of her composite sentence.


With this modification, the judgment of the superior court is AFFIRMED.






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