Alaska Supreme Court, 1980

Husted v. State

Alaska Supreme Court · Decided March 28, 1980 · Boochever, Burke, Con, Matthews, Nor, Rabinowitz

608 P.2d 298; 1980 Alas. LEXIS 536 (Pacific Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Husted v. State (Alaska Ct. App. 1981)
Ahvik v. State (Alaska 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

. Our remand expresses no judgment on the question of the excessiveness of the sentence.

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