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PETERSEN v. STATE

12/20/1996

and friends. He ignored R.H.'s repeated requests to stay away from her, he ignored a very pointed letter from the Kanady Clinic (quoted in footnote 1 above), and he ignored the conditions of probation imposed on him in 1992 and 1993. Petersen also failed to follow through with the psychiatric counseling that he had been ordered to continue as a condition of probation in 1993.


The record fully supports Judge Hunt's conclusion that Petersen inflicted two years of psychological violence on R.H.; the record also fully supports her conclusion that Petersen's prospects for rehabilitation were "extremely guarded".


Admittedly, Petersen's appeal is this court's first sentence appeal from a first-degree stalking conviction; we therefore have no history of first-degree stalking sentences to use as a point of comparison. However, Petersen's conduct was substantially more serious than the conduct minimally required for conviction of first-degree stalking, and his prospects for rehabilitation are quite poor. We can not say that a sentence of 3 years to serve is clearly mistaken. McClain v. State, 519 P.2d 811, 813-14 (Alaska 1974).


Conclusion


The judgments entered against Petersen, Larson, and Colbry are AFFIRMED.






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