Husted v. State

Alaska Supreme Court

Husted v. State

608 P.2d 298, 1980 Alas. LEXIS 536

CourtAlaska Supreme Court

DecidedMarch 28, 1980

DocketNo. 4347

StatusPublished

Cited by3 cases

This text of 608 P.2d 298 (Husted v. State) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Husted v. State, 608 P.2d 298, 1980 Alas. LEXIS 536 (Ala. 1980).

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Opinion

OPINION

PER CURIAM.

Appellant was tried for the crime of first degree murder and found guilty by the jury of the lesser included offense of involuntary manslaughter. He was sentenced to prison for fifteen years. He appeals on the ground that the sentence is excessive.

We remand because examination of the whole record does not indicate that the court considered the goal of rehabilitation in imposing the sentence it did.¹ The duty to do so has been clearly established by our cases. See Padie v. State, 594 P.2d 50, 62 (Alaska 1979); Evans v. State, 574 P.2d 24, 26 (Alaska 1978); Shagloak v. State, 582 P.2d 1034, 1039 (Alaska 1978); Andrews v. State, 552 P.2d 150, 154 (Alaska 1976); and State v. Chaney, 477 P.2d 441, 444 (Alaska 1970).

VACATED AND REMANDED FOR RE-SENTENCING.

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OPINION

PER CURIAM.

Appellant was tried for the crime of first degree murder and found guilty by the jury of the lesser included offense of involuntary manslaughter. He was sentenced to prison for fifteen years. He appeals on the ground that the sentence is excessive.

We remand because examination of the whole record does not indicate that the court considered the goal of rehabilitation in imposing the sentence it did.¹ The duty to do so has been clearly established by our cases. See Padie v. State, 594 P.2d 50, 62 (Alaska 1979); Evans v. State, 574 P.2d 24, 26 (Alaska 1978); Shagloak v. State, 582 P.2d 1034, 1039 (Alaska 1978); Andrews v. State, 552 P.2d 150, 154 (Alaska 1976); and State v. Chaney, 477 P.2d 441, 444 (Alaska 1970).

VACATED AND REMANDED FOR RE-SENTENCING.

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608 P.2d 298, 1980 Alas. LEXIS 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/husted-v-state-alaska-1980.

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