Leuch V State

633 P.2d 1006 (1981)

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Nature of the Case

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Facts

D he grew up in a 'stable, loving environment' with his adoptive parents in California. During that time, he graduated from high school, having participated in the tennis and music programs and served as class president. He attended college for a time, but his grades show that he was a poor student. D began to drive a truck cross-country. In 1976, he worked for a few months for a Manpower program in Denver, Colorado, then came to Anchorage in June of 1976 to find a trucking job. For three months in 1977, he was employed as a driller's helper. From June of 1977 to February of 1979 he worked as a cab driver, leasing his own taxi for the last nine months of that time. He had a criminal record of several traffic offenses. On February 14, 1979, he was convicted of twenty-six counts of unemployment fraud, for which he was given a ninety-day sentence with all but fifty-four suspended, together with a fine of $ 260, and was required to make restitution in the amount of $1,274. During incarceration, he met his co-defendant, Michael Darr. After their release, they arrived in Fairbanks, and their truck broke down. It was too cold to spend the night in their truck so they entered a supposedly unlocked church. They were convicted in Fairbanks on June 12 of petty larceny and unauthorized entry. D was given ten days in jail. During that time, he injured his knee and was hospitalized for surgery. A health care assistant allowed D to reside with her until he was able to find suitable work. Darr had been planning a motorcycle theft for some weeks. Darr suggested to D and D broke a window with a rock. Darr climbed through the window and opened the door;, and each removed a motorcycle which they stored at a friend's cabin. They needed money to ship the motorcycles out of the state. The health care assistant had a friend who had formerly been employed at the Roadhouse and had a grudge against its owner. This friend supplied Darr and D with the floor plans. Darr and D, having planned the venture for two weeks in advance, broke in by unscrewing a single bolt lock on the back door. They then found a dolly and used it to remove the safe. They broke into the safe and found about $7500 cash, along with numerous checks and notes which they burned. They dumped the safe into the river. D expressed remorse and his health care assistant girlfriend offered to support him and accept him into their home. D’s parents expressed shock that D would commit a crime. The probation officer labeled D as an impulsive individual with poor judgment. The conclusion was that D was not learning from his prior run-ins with the law. The court concluded that D showed extreme dishonesty but had admitted his crime. The court imposed concurrent eight-year sentences with four years suspended. D appealed.