Public-domain · open source
OpenJurist

726 P.2d 194

State v. Moody

Alaska Supreme Court

Decided September 26, 1986

Alaska Supreme Court · decided 1986-09-26

Relies on State v. Andrews

Decided 1986-09-26

RABINOWITZ, Chief Justice,

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

¶2I dissent for the reasons expressed in my concurring opinion in State v. Andrews, 723 P.2d 85, 86-88 (Alaska, 1986). I believe the statute should be interpreted as authorizing concurrent sentences only if one of the criteria set out in AS 12.55.-025(g)(l)-(3) are met.

¶3The two crimes for which Lekanof was sentenced were first degree sexual assault involving a sexual assault on his girlfriend’s twelve-year-old daughter on October 29, 1982, and second degree assault involving an attack on his girlfriend on November 11, 1982. I conclude that the requisite criteria of AS 12.55.025(g) are not *195met. The two crimes do not violate similar societal interests, (g)(1), they were not part of a single, continuous criminal episode, (g)(2), and there was a substantial change in the objective of the criminal episode (two different crimes occurring at different times, involving different victims), (g)(3).

¶4I would hold that the superior court did not have authority to impose concurrent sentences in this case and therefore its imposition of a suspended consecutive presumptive sentence was illegal. See AS 12.-55.125(g).

/726/p2d/194 · .json · Public domain