State v. Wortham

CONNOR, Justice

(dissenting).

In view • of Wortham’s lengthy criminal record, I have no difficulty in classifying him as the worst type of offender in terms of committing repeated crimes of the larcenous variety. The record reveals few mitigating factors which would support a lenient sentence.

In my view of the record, the trial judge did carefully consider and weigh the factors set forth in State v. Chaney, 447 P.2d 441 (Alaska 1970). Probably he selected a four-year sentence in view of the circumstances of the offense and the amount of money which was taken.

Even though the sentence does not run consecutively to the federal sentence, it nevertheless does express community condemnation of Wortham’s antisocial conduct. Moreover the imposition of this sentence may affect the grant of parole by federal authorities, so that it does have consequences beyond merely running concurrently with the federal sentence.

Considering the nature of the offense I think the four-year sentence was within a zone of reasonableness and that the trial judge was not clearly mistaken in imposing it.

I would approve the sentence.