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606 P.2d 393

Robertson v. State

Alaska Supreme Court

Decided February 21, 1980

Alaska Supreme Court · decided 1980-02-21

Cited by 1 later decisions — most recently June 1981

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1980-02-21

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RABINOWITZ, Chief Justice,

¶1dissenting.

¶2Although I agree with the majority that the “murder for hire” false pretense offense in this case is reprehensible, I find the three-year sentence is excessive. This type of deception, in light of the factual context of this case and the goals of community condemnation and deterrence, warrants a period of incarceration. However, Robertson is a youthful first offender who committed a nonviolent property crime. Robertson’s background, character, and the unlikelihood that he will be a threat to the community in the future suggest that the sentencing goals directed toward deterring future crime will be adequately served by suspending eighteen months of Robertson’s three-year term. In short, I think the reformative goal of sentencing can better be fulfilled by suspending the latter half of this sentence, placing Robertson on proba*396tion, and allowing him to return to a supportive environment, such as the one he has in Missouri, rather than giving him a three-year term.

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