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The Alaska Court of Appeals has upheld the sentence of a Juneau man convicted of robbing a bank in 2011 using a plastic toy gun.
The Juneau Empire says (http://is.gd/05SuUX) 67-year-old Kenneth Montoya had appealed his jail sentence as excessive and claimed the judge ignored his mental illness. Montoya received eight years in jail, with four suspended, after pleading guilty to second-degree robbery.
Appellate judge Joel H. Bolger said in Friday's opinion that the sentence was well-supported. He also found the lower court judge did not ignore Montoya's mental health problem.
Prosecutors said Montoya bought a toy gun at a general store and walked to across the street to a bank on May 31, 2011. He handed the teller a note demanding money, but then asked the teller to call police. He waited for police to arrive and was arrested.