 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Palombia v. State1/9/2002
MEMORANDUM OPINION AND JUDGMENT
No. 4518
Introduction
Leonard Palombia was convicted of felony driving while intoxicated, a class C felony, and assault in the fourth degree, a class A misdemeanor. Superior Court Judge Michael L. Wolverton imposed a composite sentence of five years' imprisonment. Palombia appeals his sentence to this court. We affirm.
Facts and Proceedings
On November 29, 2000, Anchorage police officers were summoned to a service station because a woman had called 911 to report that a man in a maroon pickup truck was blocking her car and was preventing her from leaving. When the police arrived at the service station, they saw a pickup truck parked alongside a red Jeep. An officer activated his overhead lights, and the pickup truck started to slowly drive away. Two other officers blocked the pickup truck's exit with their patrol cars. An officer contacted the driver, later identified as Palombia, and discovered that he was highly intoxicated. The officers arrested Palombia for driving while intoxicated. A later chemical test of his breath registered a .185 blood alcohol level.
The police interviewed the woman who called 911, Aloha Kuhns. She was very upset and said that when she had pulled into the gas station, she saw Palombia sitting in his pickup staring at her. She did not know Palombia. When she attempted to leave the service station, Palombia blocked her from leaving with his truck. He then got out of his truck and attempted to get into her Jeep. Kuhns told him to leave, said she was calling the police, and showed him her cellular phone. Palombia continued to try to get into her Jeep and continued to prevent her from leaving. Kuhns told Palombia's probation officer that she was very frightened by Palombia's conduct and that as a result of this incident, has had to undergo frequent counseling and has lost all sense of safety and security. Although Palombia denied using his pickup to prevent Kuhns from leaving the area and denied attempting to enter her truck, Judge Wolverton found Kuhn's account of the incident more credible than Palombia's.
Discussion
At sentencing, Judge Wolverton found that Palombia was a third felony offender for purposes of presumptive sentencing and therefore faced a presumptive term of three years for the felony driving while intoxicated conviction. Judge Wolverton imposed the maximum sentence of five years' imprisonment for the felony driving while intoxicated conviction because he found Palombia was a "worst" offender. He also revoked Palombia's driver's license for life. For the assault conviction, he imposed a concurrent one-year sentence. Lastly, Judge Wolverton revoked Palombia's felony probation and imposed consecutively to his other sentences the approximately eleven months' imprisonment that remained on his probation. Palombia was on felony probation for several prior convictions of felony driving while intoxicated and driving while his license was revoked.
Palombia was forty-nine years of age at the time the presentence report was written. His present offense was his third felony driving while intoxicated conviction. Palombia also previously had been convicted of four misdemeanor driving while intoxicated offenses - 1980, 1984, 1994, and 1995. He had two prior driving while his license was suspended convictions and one driving without a license conviction. As a result of his prior offenses, Palombia's driver's license had been revoked until January 6, 2010. Palombia was also on felony probation, which had been revoked on several occasions. The author of the presentence report concluded that Palombia consistently violated the terms and con
Page 1 2 3 Alaska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|