Opinion
02-26-2014
TIMOTHY J. LOCKWOOD, Appellant, v. STATE OF ALASKA, Appellee.
Appearances: Erin Lillie, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant. Tom V. Jamgochian, Assistant District Attorney, Nome, and Michael C. Geraghty, Attorney General, Juneau, for the Appellee.
NOTICE
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law.
MEMORANDUM OPINION
Appeal from the District Court, Second Judicial District, Nome, Brooke Alowa, Magistrate Judge.
Appearances: Erin Lillie, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant. Tom V. Jamgochian, Assistant District Attorney, Nome, and Michael C. Geraghty, Attorney General, Juneau, for the Appellee.
Before: Mannheimer, Chief Judge, Allard, Judge, and Hanley, District Court Judge.
Sitting by assignment made pursuant to Article IV, Section 16 of the Alaska Constitution and Administrative Rule 24(d).
Judge MANNHEIMER.
Timothy J. Lockwood was convicted of two counts of fourth-degree assault under AS 11.41.230(a)(1) for assaulting his parents in the village of Saint Michael one night while he was drunk. Lockwood was 32 years old at the time. He had 35 prior criminal convictions, including nine assaults, and he was on misdemeanor probation.
Fourth-degree assault is a class A misdemeanor with a maximum sentence of 1 year's imprisonment. For the two counts of fourth-degree assault, the district court sentenced Lockwood to a composite term of 1 year to serve. In addition, the district court revoked Lockwood's probation and imposed an additional 30 days to serve. Thus, the court ordered Lockwood to serve a total of 13 months.
See AS 11.41.230(b) (declaring that fourth-degree assault is a class A misdemeanor) and AS 12.55.135(a) (specifying a maximum penalty of 1 year's imprisonment for class A misdemeanors).
Lockwood contends that this sentence is excessive. He notes, in particular, that his composite sentence of 13 months exceeds the 1-year maximum sentence for a single count of fourth-degree assault, and he argues that his sentence therefore violates the Neal-Mutschler guideline. Under this guideline, when a defendant is sentenced for two or more crimes, the defendant's composite sentence of imprisonment should normally not exceed the maximum sentence of imprisonment for the defendant's single most serious offense.
See Phelps v. State, 236 P.3d 381, 393 (Alaska App. 2010); Neal v. State, 628 P.2d 19, 21 (Alaska 1981); Powell v. State, 88 P.3d 532, 537 & n. 9 (Alaska App. 2004).
The sentencing judge did not refer expressly to the Neal-Mutschler guideline when she imposed Lockwood's sentence. However, the judge explained that, given Lockwood's extensive criminal record and his longstanding problems with alcohol, Lockwood was a dangerous offender, and the primary sentencing goal in this case was to isolate Lockwood, thus preventing him from causing future harm. The judge also found that Lockwood's criminal record justified a "worst offender" finding (as that term is defined in Alaska sentencing decisions).
See State v. Wortham, 537 P.2d 1117, 1120 (Alaska 1975); Napayonak v. State, 793 P.2d 1059, 1062 (Alaska App. 1990).
(A "worst offender" finding can be based on the facts of a defendant's current crimes, or the defendant's criminal history, or both. State v. Wortham, 537 P.2d 1117, 1120 (Alaska 1975); Napayonak v. State, 793 P.2d 1059, 1062 (Alaska App. 1990).)
The sentencing judge's comments are supported by the record, and Lockwood's sentence exceeds the Neal-Mutschler guideline by only a small amount. Given the record as a whole, we conclude that Lockwood's sentence is not clearly mistaken.
See McClain v. State, 519 P.2d 811, 813-14 (Alaska 1974) (an appellate court is to affirm a sentencing decision unless the decision is clearly mistaken).
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The sentencing decision of the district court is AFFIRMED.