(concurring).
Although I am in agreement with the majority’s conclusion that this matter should be remanded for resentencing, my grounds differ from that held by the majority. For I am of the view that the 10-year sentence imposed upon Robert Donlun is an excessive sentence. I reach this conclusion assuming arguendo that the sentencing court held the belief that 10 years was a maximum permissible period of incarceration.
Nothing in the factual circumstances pertaining to Donlun’s commission of the offense of burglary in a dwelling, in his previous record, or in the presentence report is supportive of imposition of a maximum sentence. As the majority opinion points out, Donlun cannot be classified as coming within the worst offender class in this category of burglary. Galaktionoff v. State, 486 P.2d 919, 924 (Alaska 1971); Waters v. State, 483 P.2d 199, 201 (Alaska 1971). Thus, I would hold that the sentence imposed by the superior court is excessive and would remand for resentencing in the light of sentencing criteria this court has articulated in State v. Chaney, 477 P.2d 441 (Alaska 1970), and its progeny.