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Ned v. State8/19/2005
No. 2003
Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges.
Frederick L. Ned Jr. was convicted of manslaughter and sentenced to 10 years' imprisonment with 3 years suspended (7 years to serve). In this appeal, Ned claims that the police obtained a statement from him in violation of his rights under Miranda v. Arizona. He also claims that his sentence is illegal in two respects. First, Ned argues that he was denied his Sixth Amendment right to jury trial, as construed in Blakely v. Washington, on some of the questions of fact that the State was required to prove in order to support the judge's sentencing decision. Second, Ned argues that the sentencing judge exceeded the scope of permissible restitution when the judge required Ned to reimburse the cost of air fare for several people to attend the victim's funeral; these people were related to the victim, but not closely enough to qualify as victims of the offense under AS 12.55.185(17)(C).
For the reasons explained here, we conclude that Ned was not in custody when he gave his statement to the police, and therefore there was no Miranda violation. With regard to Ned's sentence, we conclude that, consistent with Blakely, the sentencing judge could impose the applicable presumptive term of 7 years to serve. However, as we explain here, the judge violated state law - specifically, AS 12.55.155(e) - when he relied on aggravating factor AS 12.55.155(c)(4) to add an additional 3 years of suspended jail time to Ned's sentence. We therefore vacate those 3 suspended years. Finally, we agree with Ned that he should not have been ordered to reimburse the cost of the air fare for the people to attend the funeral.
Underlying Facts Pertaining to the Miranda Issue, And Our Resolution of This Issue
On the afternoon of August 28, 2002, in Allakaket, Frederick Ned and Brett Stevens decided to go for a drive in Ned's father's pickup truck. The truck was in a state of disrepair: it had no driver's side door, the truck's front tires were of different sizes, the truck's front brakes and emergency brake were inoperable, and its rear brakes were badly worn. Both Ned and Stevens had been drinking heavily the night before and earlier that morning. Ned was driving the truck, and Stevens was riding in the passenger seat.
Ned went to the Allakaket airport and drove onto the runway. The airport runway ends in an embankment with a 20-foot drop to the marshes below. Ned launched the truck off the end of the runway. The truck traveled about 15 to 20 feet through the air and landed upside-down. Ned was uninjured, but Stevens was killed.
The Alaska State Troopers were contacted, and two troopers - Sergeant Scott R. Grasle and Trooper Karl R. Main - arrived in Allakaket approximately four hours after the accident. Upon their arrival, the troopers briefly visited the site of the accident. Witnesses informed them that Ned had been driving, and that he appeared intoxicated. Then, a few minutes before 8:00 in the evening, the troopers went to Ned's house to speak to him.
Eliza Ned, Frederick's mother, answered the door. When the troopers informed Mrs. Ned that they wanted to speak to her son, Frederick, she told them that he was asleep, and she directed them to the bedroom where Ned was sleeping.
Trooper Main stood by the bedroom door while Sergeant Grasle went to Ned's bed and woke him up by calling his name. When Ned awoke, the troopers asked if they could talk to him. Ned told the troopers that he needed to put on some clothes, so Grasle left the room and the two troopers waited in the hallway, talking to Mrs. Ned, while Ned dressed.
While the tro
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