Robbins v. State
Robbins v. State
Opinion of the Court
OPINION
Darren L. Robbins reached a plea agreement with the State and pleaded no contest to one count of attempted first-degree sexual abuse of a minor.
Background facts and proceedings
On the evening of March 10, 2003, Robbins sexually abused his eleven-year-old daughter by engaging in cunnilingus. She told him to “stop it, that’s not right.” Robbins asked her, “[djon’t you like your special massage?” She answered that she did not.
An immediate investigation led to the grand jury indicting Robbins on one count of first-degree sexual abuse of a minor.
Robbins’s wife spoke at the sentencing and read a letter from Robbins’s daughter. Robbins’s incarceration had a substantial impact on the family. Robbins’s wife and the children could not make it financially on their own. They lost their house and had to move out of state.
Robbins conceded that several statutory aggravating factors from AS 12.55.155 applied: (c)(5), (c)(10), and (c)(18)(A). Superior Court Judge Mark I. Wood imposed an 8-year term with 3 years suspended. As indicated above, he imposed a probation condition that required Robbins to send up to “40% of his net income to the support of his family.”
Discussion
Judges may condition probation on the defendant’s payment of money in a few limited circumstances. The sentencing judge may condition probation on the payment of a fine, the payment of restitution to “aggrieved parties,”
Robbins does not argue that he has no obligation to support his family. Nor does he argue that 40% of his net income is excessive. Instead, Robbins argues that requiring him to pay the specified percentage of his net income is not reasonably related to the protection of the public or to his rehabilitation.
However, Judge Wood imposed a probation condition that Robbins not have contact with his daughter, and a condition that he have limited contact with his wife, so the family will be divided while Robbins is on probation. And in conjunction with the condition that Robbins pay support, Judge Wood recommended that Robbins be placed at a community residential center as soon as he is eligible so that he can obtain employment to meet his support obligations.
Robbins promotes a limited view of whether the challenged condition is reasonably related to his rehabilitation. In Good v. State,
On the record in Robbins’s case, Judge Wood could reasonably conclude that Robbins’s rehabilitation would be fostered by imposing a probation condition that required Robbins to contribute a portion of his income towards the support of his family. Accord
Conclusion
Robbins’s sentence is AFFIRMED.
. AS 11.31.100(a) & AS 11.41.434(a).
. AS 11.41.434(a)(1).
. See AS 11.31.100(d)(2), AS 11.41.434(b), and AS 12.55.125(c)(1).
. AS 12.55.100(a)(2).
. AS 12.55.100(a)(3).
. See Roman v. State, 570 P.2d 1235, 1240 (Alaska 1977) (conditions of probation "must be reasonably related to the rehabilitation of the offender and the protection of the public”).
. 590 P.2d 420 (Alaska 1979).
. Id. at 424.
Concurring Opinion
concurring.
I concur in the majority opinion, with one reservation. It is true that AS 12.55.100(a)(3) authorizes a sentencing court to order a probationer to make support payments to (or for the benefit of) any person whom the probationer is legally obligated to support. But this statute must be read in conformity with Alaska Civil Rule 90.3 (the rule that establishes guidelines for child support awards) and other applicable law governing spousal and child support. A probationer must not be subjected to an additional or extraordinary duty of support as punishment for the probationer’s crime.
Reference
- Full Case Name
- Darren L. ROBBINS v. STATE of Alaska
- Status
- Published