Chukanak v. State3/8/2000
MEMORANDUM OPINION AND JUDGMENT
[No. 4192 - March 8, 2000]
Appeal from the Superior Court, Third Judicial District, Anchorage, Milton M. Souter, Judge.
As a young adult, Darryl P. Chukanak was convicted of various misdemeanors: criminal mischief, trespass, assault, shoplifting, and several instances of possessing or consuming alcoholic beverages. In January 1987, he committed his first felony - second-degree criminal mischief. Chukanak was sentenced for this crime on March 17, 1987.
Two months later, on May 24, 1987, Chukanak choked his father to death during a drunken fight. He was convicted of manslaughter and was sentenced to 15 years' imprisonment with 7½ years suspended. Chukanak served his prison sentence and was released to probation and parole supervision on June 26, 1992. In the years that followed, Chukanak's probation and parole were revoked numerous times. When hukanak's probation was revoked the last time, in July 1999, the superior court imposed all of Chukanak's remaining suspended sentence. Thus, Chukanak has been ordered to serve all 15 years of his original sentence.
On appeal, Chukanak argues that the superior court failed to adequately justify its decision to impose all of the remaining suspended jail time. We disagree, and so we affirm the superior court's decision.
Chukanak's history on probation/parole
As noted above, Chukanak was originally released on parole on June 26, 1992. His first parole revocation occurred three days later, on June 29th, when Chukanak absconded from the treatment center where he had been residing at the direction of his probation/parole officer. Then in mid-August, Chukanak, who had a history of mental problems, reported hearing voices telling him that he should either kill himself or kill someone else. Chukanak was sent back to prison for a short time, but he was paroled again on October 21, 1992.
The following August (1993), Chukanak again absconded from his residential treatment placement. The staff at this residential facility reported that Chukanak needed continued help with his alcohol dependency and psychological problems. An evaluation performed earlier at another treatment center (in December 1992) concluded that it would be difficult to treat Chukanak because he so fully denied his problems.
In October 1993, the superior court revoked Chukanak's probation, gave him credit for the two months he had spent in custody (from August 4th to October 13th), and then released him back to probation. But the Parole Board took a different view of Chukanak's behavior; they revoked his parole and remanded him to prison. Chukanak was released again on February 3, 1994.
Six days later, on February 9th, Chukanak was arrested for disorderly conduct. According to the police report, Chukanak broke into a residence near Indian, took off his clothes, defecated on the floor, and then lay down on a bed. When the state troopers arrived at the residence, they found Chukanak asleep, apparently passed out from intoxication. When they awakened him, Chukanak refused to get out of bed. When the troopers tried to lift him from the bed, Chukanak struggled and attempted to kick the officers.
No criminal charges were filed against Chukanak, but the Parole Board again revoked his parole, and Chukanak was returned to prison. This time, Chukanak served out all of his original 7½ years. He was released on August 30, 1994, no longer under the jurisdiction of the Parole Board.
In December 1994 and January 1995, Chukanak committed several new crimes. He committed third-degree theft on December 13, 1994. He committed driving while intox
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