258 P.3d 932
Alaska Ct. App.2011Background
- Korkow stabbed his wife sixty-two times while their children slept nearby and turned himself in to police.
- Teresa Korkow was found dead in Anchorage with multiple stab wounds; three children aged six, seven, and eleven were in the apartment.
- Korkow was indicted for first-degree murder and convicted by jury; Judge Aarseth sentenced him to 99 years with an additional restriction on discretionary parole eligibility.
- Parole eligibility would ordinarily occur after 33 1/3 years under statute; Judge Aarseth extended the restriction to 50 years to protect the public and the children.
- On appeal, Korkow does not challenge the sentence itself but the extra parole restriction; the court agrees the restriction was excessive.
- The court notes a misstatement in the presentence psychological report, correcting a prior felony assault to a misdemeanor assault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing court may impose an additional parole restriction beyond statutory limits. | Korkow argues the extra restriction is excessive and not supported by statute. | State contends the court may impose further parole restrictions to protect the public. | Yes; the restriction was clearly mistaken and reversed. |
| Whether the presentence psychological report should be corrected to reflect the misdemeanor, not felony, assault conviction. | Korkow argued for correction of the misstatement. | State did not oppose the correction as to the misstatement. | Correct the misstatement; the conviction was misdemeanor assault. |
Key Cases Cited
- Stern v. State, 827 P.2d 442 (Alaska App. 1992) (reviewing a parole restriction to determine if it was clearly mistaken)
- State v. Wentz, 805 P.2d 962 (Alaska 1991) (parole decisions viewed with deference to the Parole Board)
- Forster v. State, 236 P.3d 1157 (Alaska App. 2010) (parole considerations in sentencing context)
- Cheely v. State, 861 P.2d 1168 (Alaska App. 1993) (parole restriction context in sentencing)
- Skrepich v. State, 740 P.2d 950 (Alaska App. 1987) (principles on sentencing and parole release)
- Maal v. State, 670 P.2d 708 (Alaska App. 1983) (norms of sentencing and parole considerations)
- Jackson v. State, 616 P.2d 23 (Alaska 1980) (assessing long-term parole considerations)
- McClain v. State, 519 P.2d 811 (Alaska 1974) (early authority on parole restrictions)