Szeratics v. State

572 P.2d 63, 1977 Alas. LEXIS 385
CourtAlaska Supreme Court
DecidedDecember 2, 1977
Docket3390
StatusPublished
Cited by6 cases

This text of 572 P.2d 63 (Szeratics 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.

Bluebook
Szeratics v. State, 572 P.2d 63, 1977 Alas. LEXIS 385 (Ala. 1977).

Opinions

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, BURKE and MATTHEWS, JJ.

RABINOWITZ, Justice.

Jeanetta Szeratics appeals the excessiveness of the sentence she received from the superior court upon pleading guilty to one [64]*64count of armed robbery1 and two counts of petty larceny.2 Szeratics was sentenced to 15 years on the armed robbery count and one year on each of the petty larceny counts, the latter to be served concurrently with the robbery sentence. We have concluded upon consideration of the particular circumstances appearing in this case that the superior court’s sentence is excessive.

The facts concerning the robbery are uncontested. On December 29, 1976, at approximately 12:20 a.m., Szeratics and two men entered the Quik Stop Grocery in Anchorage. While the men walked through the store, Szeratics produced a derringer and demanded that the clerk give her the money. The clerk handed her $31 and the three left in their car.

After being apprehended, Szeratics explained to the police that she had given three men a ride to Ft. Richardson. While driving there, all had discussed needing money and the possibility of performing a robbery. Szeratics had said she had a gun and a mask; one of the men had told her to drive to the Quik Stop Grocery, and had instructed her on how to approach the clerk and demand the money.

When the armed robbery was committed and when sentence was imposed, Jeanetta Szeratics was 18 years old. Her background is as follows. Her parents were refugees of the Hungarian Revolt who settled in Anchorage in 1956. They were divorced in 1969, primarily as a result of Mr. Szeratics’ abuse of alcohol. Subsequently, both parents remarried; Jeanetta lived with her mother. In 1972, her mother learned that the stepfather repeatedly had molested Jeanetta.

Szeratics managed to complete 9 years of formal education. Her legitimate income has been supplemented by proceeds from prostitution since she was 14. The record further shows that she has had a long history of drug use and abuse.3 From August 1972 until July 1976, Szeratics had considerable contact with juvenile homes and authorities.4 On July 8, 1976, Szeratics was [65]*65released from the control of the state, from any conditions of probation, and from any supervision of the Division of Corrections. This armed robbery is Szeratics’ first felony conviction as an adult.5 Her adult record shows a fine for driving without a license, the two petty larceny charges and this robbery.

The author of the presentence report recommended that Szeratics be denied probation and given time to serve in jail. He further recommended that once institutionalized, if she were so motivated, she should be considered for placement in a therapeutic community. The officer noted:

Although the defendant is before the Court for shoplifting and armed robbery, the basis for her difficulty appears to stem from her past and recent need for money to secure drugs. Unless she is given some professional help it is likely that she will again involve herself with the use of drugs and the hard core criminal element. To avoid this speculative lifestyle, she must effect some personal change and acquire an improved self image. To aid in this change, placement in a treatment facility appears more appropriate than jail.

In this sentence appeal, Szeratics has argued that the superior court erred in receiving the testimony of Investigator Smith and in interpreting that testimony as evidence of the guilt of another robbery offense in formulating its sentence.6 In imposing sentence upon Szeratics, the superior court referred to “activities [she had] engaged in and this use of the gun here and the second use of a gun apparently.” The court’s mention of a second use apparently refers to the occurrence about which Investigator Smith testified. Szeratics bases her contention that this testimony should not have been considered upon language in our decisions in Waters v. State, 483 P.2d 199, 202-03 (Alaska 1971), and Galaktionoff v. State, 486 P.2d 919, 923-24 (Alaska 1971), in which we said, in part, that it is error for the sentencing judge to consider crimes not charged and crimes as to which an indictment was returned and subsequently dismissed in fashioning an appropriate sentence.

We have on several occasions clarified this aspect of Waters and Galaktionoff.7 In Hixon v. State, 508 P.2d 526, 527 n.l (Alaska 1973), we said:

Appellant admitted the circumstances concerning the petty larceny convictions together with the commission of the additional felony charges dismissed after sentence herein. Such information which has been thus verified may be used in the sentencing process. Galaktionoff v. [66]*66State, 486 P.2d 919, 922-23 (Alaska 197[1]), is not intended to restrict the trial court from using verified information concerning additional crimes where the defendant is informed of the information and given an opportunity to explain or admit it. (citation omitted)

This court has placed considerable emphasis on the requirements of “verified information” and the “opportunity to explain or admit” the allegations. Typical of this approach is our opinion in Evans v. State, 550 P.2d 830, 847 (Alaska 1976), where we said:

Here there were apparently reliable witnesses who would testify, based on personal knowledge, to Evans’ misconduct. Of particular significance is the fact that Evans was afforded the opportunity to cross-examine these witnesses and to rebut their testimony. Thus, the circumstances in the case at bar are distinguishable from unexplained police contacts where the ultimate disposition was not disclosed.8 (footnotes omitted)

In the case at bar, as in Evans, the testimony of Investigator Smith was apparently reliable and Szeratics was afforded an opportunity to cross-examine the witness and to rebut the officer’s testimony. Thus, we find no error in the superior court’s reception and consideration of Investigator Smith’s testimony relating to Szeratics’ participation in a second robbery.

Szeratics also argues that the 15-year sentence is excessive because the maximum sentence for an offense should be reserved for the worst offender in the class. Closely aligned with this contention is Szeratics’ further argument that the superior court’s imposition of the maximum sentence on the armed robbery charge ignored the principle of reformation as set forth in Article I, Section 12 of the Alaska Constitution9 and the sentencing criteria articulated by this court in State v. Chaney, 477 P.2d 441, 444 (Alaska 1970).

In articulating its reasons for the sentence it rendered, the superior court stated, in part:

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Related

Rollefson v. Municipality of Anchorage
782 P.2d 305 (Court of Appeals of Alaska, 1989)
Dale v. State
626 P.2d 1062 (Alaska Supreme Court, 1980)
Sanders v. State
602 P.2d 1252 (Alaska Supreme Court, 1979)
State v. Walls
601 P.2d 1050 (Alaska Supreme Court, 1979)
Walls v. State
598 P.2d 949 (Alaska Supreme Court, 1979)
Szeratics v. State
572 P.2d 63 (Alaska Supreme Court, 1977)

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Bluebook (online)
572 P.2d 63, 1977 Alas. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szeratics-v-state-alaska-1977.