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Gullard v. State

James Lee GULLARD, Appellant, v. STATE of Alaska, Appellee

Gullard v. State, 497 P.2d 93 (Alaska 1972)
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Court
Alaska Supreme Court · State Highest Courts
Decided
May 19, 1972
Docket
No. 1606
Judges
Boney, Rabinowitz, Connor, Boochever, Erwin
Citations
497 P.2d 931972 Alas. LEXIS 219

Opinion — Per Curiam

PER CURIAM.

Appellant, James Gullard, was convicted upon his plea of nolo contendere to one count of manslaughter under AS 11.15.040. The trial court, pursuant to its authority under AS 33.15.230(a) (1), imposed a ten-year sentence with one-third to be served without possibility of parole. The trial court also ordered that Gullard’s driving privileges be revoked pursuant to AS 28.-15.210.

1

Gullard has appealed to this court contending that the sentence was excessive.

The facts may be briefly stated. On the night of March 6, 1970, Gullard, who had been drinking and driving recklessly, was involved in a serious automobile accident which resulted in the deaths of four people. He was 19 years of age at the time. Gullard was indicted on four counts of manslaughter and he thereafter entered a plea of nolo contendere which resulted in a conviction on one count of manslaughter. Subsequent to the accident, but prior to the imposition of sentence, Gullard twice violated AS 28.35.030, the law prohibiting op *94 eration of a motor vehicle while intoxicated. He entered pleas of guilty to each subsequent charge prior to the imposition of the sentence in the instant case on September 24, 1971.

On appeal, Gullard argues that the ten-year sentence, with service of one-third mandatory prior to consideration being given to parole, is excessive. We find that the ten-year sentence and the revocation of Gullard’s driver’s license are well calculated to serve the reformative purposes of penal administration, promotion of societal norms, and deterrence, 2

and are thus within the zone of reasonableness.

3

However, we agree with Gullard that the mandatory service of one-third of his prison term prior to parole should be vacated. Because of Gullard’s youth and the length of sentence imposed, we believe that his eligibility for parole can be more appropriately determined by the parole board in these circumstances.

Affirmed in part and reversed in part.

ERWIN, J., not participating.

1

. The period of revocation under AS 28.15.260 is one year. However, the affected person must reapply for a license nnd tlie Department of Public Safety must evaluate the acceptability of relicensing him.

2

. State v. Chaney, 477 P.2d 441, 443 (Alaska 1970) ; Waters v. State, 483 P.2d 199, 202 (Alaska 1971).

3

. Gilmore v. State, 479 P.2d 301, 302 (Alaska 1971).

How later courts describe this case

Explanatory parentheticals written by citing courts — 7 in all; the most informative distinct ones are shown.

Cited by 15 cases

View all citing references →
1974: 11976: 21977: 11978: 11979: 11981: 11983: 11985: 11987: 11989: 11990: 21995: 12013: 119742026peak 1976 · 2

Relies on it most ⓘ

  1. Pusich v. State907 P.2d 29 (Alaska Ct. App. 1995)
  2. Pears v. State698 P.2d 1198 (Alaska 1985)
  3. Newell v. State771 P.2d 873 (Alaska Ct. App. 1989)
  4. State v. Korkow314 P.3d 560 (Alaska 2013)
  5. McClain v. State519 P.2d 811 (Alaska 1974)
  6. Pruett v. State742 P.2d 257 (Alaska Ct. App. 1987)

Most recent

  1. State v. Korkow314 P.3d 560 (Alaska 2013)
  2. Pusich v. State907 P.2d 29 (Alaska Ct. App. 1995)
  3. Ratliff v. State798 P.2d 1288 (Alaska Ct. App. 1990)
  4. Barney v. State786 P.2d 925 (Alaska Ct. App. 1990)
  5. Newell v. State771 P.2d 873 (Alaska Ct. App. 1989)
  6. Pruett v. State742 P.2d 257 (Alaska Ct. App. 1987)

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 3

DepthCaseCited by
State v. Chaney, 477 P.2d 441 (Alaska 1970) 501
Waters v. State, 483 P.2d 199 (Alaska 1971) 134
Gilmore v. State, 479 P.2d 301 (Alaska 1971) 8

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