Public-domain · open source
OpenJurist

606 P.2d 797

Wightman v. State

Alaska Supreme Court

Decided February 22, 1980

Alaska Supreme Court · decided 1980-02-22

Cited by 2 later decisions — most recently August 1991

2 state decisions

Relies on McClain v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-02-22

View the full empirical analysis of this case →

BURKE, Justice,

¶1with whom MATTHEWS, Justice, joins, dissenting.

¶2I respectfully dissent.

¶3In 1974 this court adopted the “clearly mistaken test” as its standard of review in sentence appeals. McClain v. State, 519 P.2d 811 (Alaska 1974). That standard has never been abandoned. “Under the clearly mistaken test, the sentence will be modified only in those instances where the reviewing court is convinced that the sentencing court was clearly mistaken in imposing a particular sentence.” Id. at 813 (footnote omitted).

¶4I am not convinced that the superior court was clearly mistaken in imposing the sentence that it did in this case. Thus, I would affirm the sentence.

/606/p2d/797 · .json · Public domain