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Hixon v. State

Michael M. HIXON, Appellant, v. STATE of Alaska, Appellee

Hixon v. State, 508 P.2d 526 (Alaska 1973)
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Court
Alaska Supreme Court · State Highest Courts
Decided
April 13, 1973
Docket
No. 1709
Judges
Rabinowitz, Connor, Boochever, Erwin, Jj-, Fitzgerald
Citations
508 P.2d 5261973 Alas. LEXIS 293
Cited by 31 4 descriptions by later courts

Opinion — Per Curiam

OPINION PER CURIAM.

In the case at bar, appellant appeals from a sentence of ten years for robbery with no parole for three years, and five years imposed concurrently for an unrelated burglary not in a dwelling.

Appellant is 22 years old, unmarried, with an extensive juvenile record which includes incarceration as a juvenile in both the Alcantra Youth Center and the Federal Youth Center in Englewood, Colorado.

Since his release at age 18½, appellant has been convicted twice for petty larceny, twice for being a minor in possession of intoxicating liquor for which he was sentenced and served seven months in jail. He further acknowledged the commission of two burglaries and the felony of receiving stolen property, all of which were dismissed after a plea of guilty to the charges herein.

Concerning the robbery in the case at bar, appellant planned for several days in advance to rob the particular victim. He filled a pint jar with kerosene, powdered soap and kitchen spices, followed the victim, threw the mixture in his face, struggled with him for his money, and then fled with the wrong bag.

The trial court, after reviewing the appellant’s background, 1

found the appellant was a danger to the community and that long term incarceration was necessary. Under these circumstances, it is clear the sentence imposed was within the zone of reasonableness.

FITZGERALD, J., not participating.

1

. Appellant admitted the circumstances concerning the petty larceny convictions together with the commission of the additional felony charges dismissed after sentence herein. Such information which has been thus verified may be used in the sentencing process. State v. Galaktionoff, 486 P.2d 919, 922-923 (Alaska 1972), is not intended to restrict the trial court from using verified information concerning additional crimes where the defendant is informed of the information and given an opportunity to explain or admit it.

See also Robinson v. State, 492 P.2d 106, 107 (Alaska 1971).

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

Cited by 31 cases

View all citing references →
1973: 31974: 21975: 31976: 71977: 71978: 31979: 11980: 21982: 21987: 119732026peak 1976 · 7

Relies on it most ⓘ

  1. Mangold v. State613 P.2d 272 (Alaska 1980)
  2. Evans v. State550 P.2d 830 (Alaska 1976)
  3. Nukapigak v. State562 P.2d 697 (Alaska 1977)
  4. Davenport v. State543 P.2d 1204 (Alaska 1975)
  5. Szeratics v. State572 P.2d 63 (Alaska 1977)
  6. McClain v. State519 P.2d 811 (Alaska 1974)

Most recent

  1. Solomon v. State730 P.2d 809 (Alaska Ct. App. 1987)
  2. McManners v. State650 P.2d 414 (Alaska Ct. App. 1982)
  3. Bowlin v. State643 P.2d 1 (Alaska Ct. App. 1982)
  4. Williams v. State614 P.2d 1384 (Alaska 1980)
  5. Mangold v. State613 P.2d 272 (Alaska 1980)
  6. Hunter v. State590 P.2d 888 (Alaska 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Galaktionoff v. State, 486 P.2d 919 (Alaska 1971) 62
Robinson v. State, 492 P.2d 106 (Alaska 1971) 22

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