concurring.
I join in the court’s order but write separately to express one concern about directing Michael’s release without specifying the maximum term of imprisonment beyond which the sentence would be excessive. Although the court’s approach is efficient, the Department of Corrections cannot calculate a new release date without knowledge of the maximum term of incarceration possible for Michael’s sentence. And because first-degree sexual assault is an unclassified felony, Michael is not entitled to release on bail.1 Thus, I would prefer to inform the lower courts of the maximum term that can be justified for Michael’s conduct.
. AS 12.30.040(b)(1); AS 11.41.410(b).