State v. Chaney

477 P.2d 441 (Alaska, 1970)

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Nature of the Case

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Facts

Chaney (D) and a companion picked up a woman at a downtown location in Anchorage. After driving the victim around in their car, D and his companion beat her and forcibly raped her four times. During this same period of time, the victim's money was removed from her purse. Upon completion of these events, she was permitted to leave the vehicle to the accompaniment of dire threats of reprisals if she attempted to report the incident to the police. D was found guilty. D is an unmarried member of the United States Armed Forces stationed at Fort Richardson, near Anchorage, Alaska. D played basketball on the Boonsboro High School team, was a member of Future Farmers of America and the Boy Scouts. D did not complete high school, having dropped out one month prior to graduation. D was drafted into the United States Army in 1968. At sentencing, it was disclosed that D did not have any prior criminal record, was not a user of drugs, and was only a social drinker. The presentence report which was furnished to the trial court prior to sentencing contains D's version of the rapes. According to D, he felt 'that it wasn't rape as forcible and against her will on my part.' As to his conviction of robbery, D states: 'I found the money on the floor of the car afterward and was planning on giving it back, but didn't get to see the girl.' At the time of sentencing, D told the court that he 'didn't direct any violence against the girl.' The Division of Corrections, in its presentence report, recommended appellee be incarcerated, and parole be denied. The assistant district attorney recommended that D receive concurrent seven-year sentences with two years suspended on the two rape convictions, and that D be sentenced to a consecutive five-year term of imprisonment on the robbery conviction, and that this sentence be suspended and appellee be placed on probation during this period of time. At the time of sentencing, a representative of the Division of Corrections recommended that D serve two years on each of the rape convictions and that D be sentenced to two years suspended with probation as to the robbery conviction. Counsel for D concurred in the Division of Corrections' recommendation. As was indicated at the outset, the trial court imposed concurrent one-year terms of imprisonment and provided for parole at the discretion of the parole board. The trial judge further recommended that D be placed in a minimum security facility. The trial court sentenced him to concurrent one-year prison terms. In imposing this sentence, the trial judge remarked that he was 'sorry that the [military] regulations would not permit keeping D * * * * in the service if he wanted to stay because it seems to me that is * * * * a better setup for everybody concerned than putting him in the penitentiary.' The judge would have no problems as well if D were to be paroled at the first day, the Parole Board says that D was eligible for parole. * * * * [If] the Parole Board should decide 10 days from now that you're eligible for parole and parole you, it's entirely satisfactory with the court. The State appealed but under Alaska law, a sentence imposed by a trial court could not be increased but the superior courts could comment on the sentence.