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537 P.2d 1117

State v. Wortham

Alaska Supreme Court

Decided July 3, 1975

Alaska Supreme Court · decided 1975-07-03

Relies on First National Bank & Trust Co. of Tulsa v. Oklahoma Tax Commission

Good law ✅— No negative treatment on recordhow we know

Decided 1975-07-03

How this case has been cited

Cited by 103 later decisions — most recently February 2019 · most notably State v. Andrews (1985), Mutschler v. State (1977)

103 state decisions

44019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

CONNOR, Justice

¶1(dissenting).

¶2In view • of Wortham’s lengthy criminal record, I have no difficulty in classifying him as the worst type of offender in terms of committing repeated crimes of the larcenous variety. The record reveals few mitigating factors which would support a lenient sentence.

¶3In my view of the record, the trial judge did carefully consider and weigh the factors set forth in State v. Chaney, 447 P.2d 441 (Alaska 1970). Probably he selected a four-year sentence in view of the circumstances of the offense and the amount of money which was taken.

¶4Even though the sentence does not run consecutively to the federal sentence, it nevertheless does express community condemnation of Wortham’s antisocial conduct. Moreover the imposition of this sentence may affect the grant of parole by federal authorities, so that it does have consequences beyond merely running concurrently with the federal sentence.

¶5Considering the nature of the offense I think the four-year sentence was within a zone of reasonableness and that the trial judge was not clearly mistaken in imposing it.

¶6I would approve the sentence.

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