Public-domain · open source
OpenJurist

487 P.2d 682

Peterson v. State

Alaska Supreme Court

Decided July 29, 1971

Alaska Supreme Court · decided 1971-07-29

Cited by 11 later decisions — most recently May 1980

11 state decisions

Key passage — most relied on by later courts

““In our opinions in Waters v. State, 483 P.2d 199 (Alaska 1971) and Robinson v. State, 484 P.2d 686 (Alaska 1971), which were decided after the date of this sentencing, we cautioned against placing reliance on previous ‘contacts’ with the police. We feel constrained herein to note again that mention was made of ‘contacts’ by the trial court and again caution against the reliance on such information in the sentencing process.” Peterson v. State, 487 P.2d 682 , 683 n. 1 (Alaska 1971) ; see Galaktionoff v. State, 486 P.2d 919, 924 (Alaska 1971).”

quoted by 1 later decision, including Deveroux v. State

Relies on State v. Chaney · Waters v. State · Robinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1971-07-29

View the full empirical analysis of this case →

¶1 OPINION

PER CURIAM.

¶2 On September 29, 1970, appellant plead guilty to the charge of burglary in a dwelling at nighttime in violation of AS 11.20.-080, which is punishable under the facts of this case by imprisonment for not less than one nor more than IS years. From a sentence imposed by the trial court of five years with two years’ probation, appellant makes this appeal.

¶3 A review of the appellant’s background as shown in the pre-sentence report and at the hearing for entry of plea and sentencing shows that appellant, in previous encounters with the law, was convicted of operating a motor vehicle without the owner’s consent and several driving offenses. 1 Additionally, appellant stated at the time of entry of plea of guilty that he had been using drugs at the time of this offense.

¶4 While appellant’s home background appears good and he possesses above-normal intelligence, his employment history is erratic and his willingness to satisfactorily conform to the requirements of society appears somewhat speculative. Under these circumstances, we cannot say the sentence was outside the zone of reasonableness set forth in State v. Chaney, 477 P.2d 441 (Alaska 1970), and therefore the sentence is affirmed.

DIMOND, J., not participating.
1

¶5 . In our opinions in Waters v. State, 483 P.2d 199 (Alaska 1971) and Robinson v. State, 484 P.2d 686 (Alaska 1971), which were decided after the date of this sentencing, we cautioned against placing reliance on previous “contacts” with the police. We feel constrained herein to note again that mention was made of “contacts” by the trial court and again caution against the reliance on such information in the sentencing process.

/487/p2d/682 · .json · Public domain