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Chukanak v. State3/8/2000
ropriate recognition and weighing of the Chaney criteria of rehabilitation, deterrence, and isolation.
Chukanak next argues that his sentence is excessive. With the imposition of the remaining 45 months, Chukanak has now been sentenced to a total of 15 years' imprisonment for manslaughter, a class A felony. We are to judge this total sentence by assessing the totality of the circumstances - the facts of Chukanak's original offense, his background, and his conduct since the time of the original sentencing - in light of the Chaney sentencing criteria.
At the time of his original sentencing, Chukanak was a second felony offender. Thus, the presumptive term for his offense was 10 years' imprisonment. In Chukanak's case, the superior court adjusted this presumptive term downward (by imposing only 7½ years to serve) as well as upward (by imposing another 7½ years suspended).
Chukanak was nineteen years old when he killed his father. He had already accumulated an extensive record of misdemeanor offenses, many of them alcohol-related. In addition, he had been diagnosed as suffering from significant mental illness. Chukanak is now thirty- three. During most of the intervening fourteen years, Chukanak has been in prison. During the short intervals when he has been released from custody, Chukanak has committed new crimes, he has engaged in other violent and bizarre behavior, and he has repeatedly shown resistance to rehabilitative programs and all other efforts to treat his alcoholism, drug abuse, and mental illness.
Having independently examined the record in this case, we conclude that Judge Souter was not clearly mistaken when he imposed the remaining 45 months of Chukanak's sentence. Accordingly, the judgment of the superior court is AFFIRMED.
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