dissenting.
I dissent. My view is that this case was correctly decided by our opinion in McKinney v. State, 566 P.2d 653 (Alaska 1977).
The state’s “concession” of prejudice, as it is characterized by the majority, is taken entirely out of context. Read in its entirety, the state’s memorandum stands as a strong statement against the necessity of resentencing. I find the state’s argument persuasive, and would deny the petition for rehearing.