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WOOLEY v. STATE

No. A-9335.

157 P.3d 1064 (2007)

Edward A. WOOLEY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 18, 2007.

Attorney(s) appearing for the Case

Colleen A. Libbey, Libbey Law Offices, Anchorage, for the Appellant.

Anne D. Carpeneti, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for the Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

In 2002, Edward A. Wooley stole a jigsaw from a hardware store. The saw was valued at $289, so Wooley's crime would normally be third-degree theft (i.e., theft of property valued at less than $500).1 However, under AS 11.46.130(a)(6), such a theft is elevated to second-degree theft if "within the preceding five years, the [defendant] has been convicted and sentenced [for first-, second...

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