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Agli v. State10/10/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4467
Joel D. Agli drove while intoxicated and ran head-on into another vehicle. He killed two people and injured two others. For this conduct, the superior court sentenced Agli to a composite 8-year term to serve with 6 years suspended and placed him on 5 years' probation after he was released. After Agli violated the terms of his probation, the superior court revoked his probation and imposed Agli's suspended 6 years' imprisonment. Agli argues that the court's findings do not support imposing the entire suspended term. Agli also argues that his sentence is excessive. We remand the case to the superior court for additional findings.
On January 10, 1993, Agli was driving south on the Seward Highway. Near mile 111 of the highway, Agli pulled into the oncoming lane and ran into a northbound Jeep. The driver and one passenger in the Jeep died as a result of their injuries, and the two other passengers were hospitalized for two days. Agli also received medical attention. Medical records showed that Agli's blood alcohol level was .215.
Several drivers reported that Agli was driving recklessly. One said that Agli was driving too fast for conditions, and that his pickup was fishtailing and partially out of control. Another said that Agli tried to pass her both on the left and the right of her car and that Agli was "just all over the road." A third, Seward Police Chief Tom Walker, reported that Agli had tailgated his vehicle for some distance. Walker stated that Agli almost hit his vehicle a couple of times before pulling into the northbound lane and striking the other vehicle.
The State charged Agli with two counts of manslaughter, two counts of first-degree assault, and one count of driving while intoxicated. Agli pleaded no contest to the two counts of manslaughter and driving while intoxicated.
Agli was eighteen years old and was not licensed to drive. He was a first felony offender with no known criminal or juvenile record.
Manslaughter is a class A felony with a maximum sentence of 20 years' imprisonment. Because Agli was a first felony offender, the presumptive term for each count of manslaughter was 5 years' imprisonment.
At Agli's original sentencing, Superior Court Judge Milton M. Souter found that the State had proven three aggravating factors under AS 12.55.155(c): (c)(4) - Agli employed a dangerous instrument, (an automobile) in furtherance of the offense; (c)(6) - Agli's conduct had created a risk of imminent injury to three or more persons; and (c)(10) - Agli's conduct was among the most serious within the definition of manslaughter. Although the presentence report expressed doubt about Agli's prospect for rehabilitation, Judge Souter thought Agli had good prospects for rehabilitation. Still, Judge Souter recognized that Agli might falter and that he needed to be watched. Judge Souter also found that Agli's written statement to the court about the offense constituted proof of extreme indifference second-degree murder.
For each count of manslaughter, Judge Souter imposed 12 years' imprisonment with 6 years suspended. Two years to serve in one manslaughter count were imposed consecutively to the other count. Judge Souter imposed a 1-year term for driving while intoxicated and imposed that term concurrently. Thus, Agli received a composite 8-year term to serve.
After Agli served his term, he was released on probation. While on probation, Agli submitted urine for testing. Agli was positive for marijuana six times in February and March of 1999. He was also positive for cocaine twice in September of 1999. On December 14, 1999, the superio
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