Baby's First Felony by John Straley
Author:John Straley
Language: eng
Format: epub
Tags: Crime Fiction
Publisher: Soho Press
Published: 2018-05-17T14:14:22+00:00
Part Two:
Memorandum of Decision by the
Three-Judge Sentencing Panel
IN THE SUPERIOR COURT
FOR THE STATE OF ALASKA
FIRST JUDICIAL DISTRICT AT SITKA
STATE OF ALASKA
Plaintiff
CECIL WAYNE YOUNGER,
Defendant.
Case No. 11854
FINDINGS OF THE THREE-JUDGE PANEL
This Three-Judge Sentencing Panel held a hearing in this case. The parties appeared and were represented by their counsel of record with each side presenting evidence and argument. In addition, the Panel has examined the pertinent files and records in this case, and in particular have reviewed the transcript of the trial. We have also heard what amounts to the longest allocution in the history of this Court.
The legislature has, by enacting Alaska Statute 12.55.175, created this three-judge panel to review extraordinary cases where the mandatory sentence, the presumptive sentence, would be manifestly unjust. The statute permits the court to sentence a defendant to less than that proscribed by the sentencing statutes if there are unusual mitigating circumstances.
In this case, we have been asked by the defendant to consider that the defendant has an exceptional potential for rehabilitation.
This Court finds that Mr. Youngerâs driving while intoxicated offenses are remote in time, and his current consumption of alcohol, in light of years of sobriety, was the result of extraordinary (quite possibly once-in-a-lifetime) circumstances. Any concern of relapse may be addressed in the conditions of probation.
Nor do we find that Mr. Younger presents a danger to the public.
We have relied, for our decision, on the extraordinarily favorable affidavit and testimony by Trooper Brown, and on Mr. Youngerâs statement to the court. We note that the state chose not to call their chief investigator to testify before this Court and has presented no evidence contrary to that asserted by Mr. Younger. We also find that despite his participation in the destruction of the Hillside Apartments, there is evidence that Mr. Younger tried to limit the danger to others. The Court also notes that he has no violent criminal history.
With respect to the charge of negligent homicide, this panel must take a restrained view and honor the juryâs decision. We have no ability to overturn a conviction. However, in sentencing Mr. Younger, we shall take into account the significant weight of evidence in favor of self-defense and the necessity for his actions.
In formulating a sentence for Mr. Younger, we are struck by the unusual character of his offenses and know of no other case of a similar nature. The facts presented here have no comparisons in case law.
Based on the above, we therefore find that the defendant has an extraordinary potential for rehabilitation. It would be manifestly unjust to sentence Mr. Younger in the presumptive range, the minimum mandatory sentence of which is 25 years.
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