Richards v. State
2011 Alas. App. LEXIS 15
Alaska Ct. App.2011Background
- Richards was convicted in Alaska of third-degree assault and fourth-degree criminal mischief.
- On Oct 12, 2008, Richards attacked his wife, wrestled her to the floor, and punched her; he later threw a splitting maul that shattered the windshield of her car.
- Lorinda testified she believed Richards tried to kill her; a 911 call captured her distraught account and Richards’s statements claimed he was fine.
- A police investigation followed; Richards claimed intoxication and memory loss about the incident.
- Judge Collins imposed a composite sentence of 12 months to serve, with 18 months suspended, arising from concurrent felony and misdemeanor terms.
- The Court of Appeals affirmed the convictions but held it lacked jurisdiction to review the sentence, referring the sentence issue to the Alaska Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for convictions | Richards | Richards | Evidence sufficient to sustain convictions |
| Authority to review felony sentence | Richards | State | Court lacks jurisdiction to review felony sentence |
| Authority to review misdemeanor portion in composite | Richards | State | No jurisdiction to review misdemeanor portion absent rights to review felony |
| Procedural path for review of composite sentence | Richards | State | Refer to Alaska Supreme Court under Appellate Rule 215(k) |
Key Cases Cited
- State v. Chaney, 477 P.2d 441 (Alaska 1970) (sentencing goals and Chaney framework)
- Waters v. State, 483 P.2d 199 (Alaska 1971) (totality of conduct/background in sentencing)
- Custer v. State, 88 P.3d 545 (Alaska App. 2004) (multi-offense sentencing; composite vs. individual justification)
- Jones v. State, 765 P.2d 107 (Alaska App. 1988) (jurisdictional principles in review of sentences)
- Comegys v. State, 747 P.2d 554 (Alaska App. 1987) (multi-offense sentencing and appellate review)
- Preston v. State, 583 P.2d 787 (Alaska 1978) (Chaney syndrome and sentencing review principles)
- Allain v. State, 810 P.2d 1019 (Alaska App. 1991) (jurisdiction and aggregate review in multiple offenses)
- Billum v. State, 151 P.3d 507 (Alaska App. 2006) (interpretation of discretionary sentence review)
- Moore v. State, 123 P.3d 1081 (Alaska App. 2005) (review of composite sentences under Alaska law)