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Powell v. State4/9/2004
On the evening of January 30, 1999, Steven Bradley Powell was driving the streets of Anchorage with a blood alcohol level of .195 percent. He was heading east on Tudor Road, nearing the curve where Tudor Road becomes Muldoon Road. Powell was driving slightly over the speed limit, and the road surface was slick from freshly fallen snow. As Powell rounded the curve and began heading north, he lost control of his vehicle and slid into the on-coming lanes, striking three other vehicles. Powell injured four people, two of them seriously.
Based on this incident, Powell was convicted of two counts of first-degree assault, one count of reckless endangerment, and one count of driving while intoxicated. And, based on these convictions, the superior court revoked Powell's probation from a 1997 conviction for third-degree assault.
Powell's two counts of first-degree assault were his fourth and fifth felony convictions. (In addition to his prior conviction for third-degree assault, Powell had two convictions for third-degree controlled substance misconduct (sale of cocaine).) Thus, Powell was a "third felony offender" for presumptive sentencing purposes. [FN1]
FN1. AS 12.55.185(14).
Powell's current felony offenses are class A felonies. [FN2] Because he was a third felony offender convicted of a class A felony, Powell faced a presumptive term of 15 years' imprisonment on each of the two counts of first-degree assault. [FN3]
FN2. AS 11.41.200(b).
FN3. AS 12.55.125(c)(4).
The superior court sentenced Powell to a composite sentence of 26 years' imprisonment--25 years for his four current offenses, and a consecutive 1 year of previously suspended jail time from his 1997 assault conviction. On appeal, Powell contends that this sentence is excessive.
Powell points out that neither this Court nor the supreme court has ever affirmed such a lengthy sentence for vehicular homicide, much less vehicular assault--that is, driving offenses that did not cause anyone's death. Based on his criminal history (which we describe in detail below), Powell concedes that he could properly be sentenced to 20 years' imprisonment (the maximum penalty for one count of first-degree assault). But Powell argues that a sentence of 26 years to serve is overly harsh.
Powell asserts--and the State essentially concedes--that his conduct in this case, and the injuries he inflicted, are typical for a case of first-degree assault committed by an intoxicated driver. But the State argues that Powell's criminal history reveals that he presents an extraordinary danger to the public, and that a composite sentence of 26 years' imprisonment is therefore justified.
We have independently reviewed the record, and we agree with the State that Powell's case presents an extraordinary instance *534 where a 26 year composite sentence for vehicular assault is not clearly mistaken, even though Powell killed no one. We therefore affirm Powell's sentence.
Powell's criminal history
We have already summarized the facts of Powell's current offenses. And, as we have explained, the State does not argue that Powell's sentence is justified by the seriousness of his current offenses. Rather, the State essentially concedes that Powell's current offenses are unremarkable among first-degree assaults committed by intoxicated drivers. Accordingly, we will not describe Powell's current offenses in any further detail. Instead, we turn to an extensive examination of Powell's criminal history.
The most salient aspect of that history is Powell's eleven prior convictions for driving while intoxicated. Twice before, Powell had received the maximum sentence for DWI (1 year's imprisonment). At Powell's sentencing, the prosecutor presented a chart of these offenses; the prosecutor calculat
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