term. was required. Judge Card imposed the composite 9 year term to serve. Harmon, a second felony offender, sexually assaulted C.W., his sister. C.W. received multiple injuries during the assault and Harmon choked her into unconsciousness. Harmon had a prior felony conviction for another offense and failed at sex offender treatment after his previous sex offense. From our review of the record, we are not able to say that Harmon's composite 9 year term to serve is clearly mistaken. Conclusion The judgment of the superior court is AFFIRMED. 1 . AS 11.41.420(a)(3)(B) (sexual penetration with a person the offender knows is incapacitated), a class B felony. 2 . AS 11.41.450(a)(2), a class C felony. 3 . See State v. Glass, 583 P.2d 872 (Alaska 1978), on reh'g, 596 P.2d 10 (Alaska 1979) (<HOLDING>). 4 . AS 11.41.410(a)(1). 5 . 479 P.2d 302
holding that under the alaska constitution the police must obtain a warrant before electronically monitoring or recording a private conversation even when one or more participants to the conversation consent to the police surveillance holding outside context of recording of a minor childs phone conversations that a telephone extension used without authorization or consent to surreptitiously record a private telephone conversation is not used in the ordinary course of business  holding that the alaska constitution requires police to obtain judicial authorization before secretly recording a persons private conversations2 722 p2d 943 alaska 19863 862 p2d 181 alaska app199344 lewis 862 p2d at 186 quoting malkin 722 p2d at 946  n 6 holding that the due process clause of the alaska constitution guarantees the right to effective counsel in proceedings for the termination of parental rights holding that the alaska constitution requires police to obtain judicial authorization before electronically monitoring or recording a persons private conversations