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Clark v. State

9/22/2000

should have been 360 days to serve. This is incorrect. A sentence of 360 days was the absolute minimum that Clark could receive under any circumstance. A sentence of 3 years was what Clark would presumptively have received if Judge Cranston had concluded that Clark's offense was a typical felony DWI and that Clark was a typical third felony offender. Judge Cranston concluded, however, that Clark was a serious offender whose record of alcohol abuse and violence called for an upward adjustment of the 3-year presumptive term. Having reviewed the record, we conclude that Clark's sentence is not clearly mistaken.


The judgment of the superior court is AFFIRMED.






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