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STATE v. MALLOY

No. S-9754.

46 P.3d 949 (2002)

STATE of Alaska, Petitioner, v. Maureen Alice MALLOY, Respondent.

Supreme Court of Alaska.

May 3, 2002.

Attorney(s) appearing for the Case

Nancy R. Simel, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Petitioner.

Dan S. Bair, Anchorage, for Respondent.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

Under AS 12.55.125(a)(3), a defendant convicted of first-degree murder must receive an unsuspended term of ninety-nine years without eligibility for parole if the sentencing court "finds by clear and convincing evidence that the defendant subjected the murder victim to substantial physical torture." Does this statute impermissibly subject the defendant to increased punishment for an aggravated class...

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