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Kignak v. State10/23/2002
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding precedent for any proposition of law.
No. 4627
MEMORANDUM OPINION AND JUDGMENT
Gilbert L. Kignak was convicted of driving while intoxicated and sentenced to 1 year in jail with 6 months suspended. He argues that the district court erred in finding that he was a worst offender because his offense was not particularly serious, he had no prior convictions for driving while intoxicated, and he was not given a reasonable opportunity for alcohol rehabilitation. Kignak argues that the circumstances of his offense do not justify a sentence longer than the 72-hour mandatory minimum jail term for first-time driving while intoxicated offenders.
The district court would have been fully justified in imposing the maximum 1-year sentence based on Kignak's record. Instead, the court suspended 6 months of his sentence on the condition that he undergo alcohol assessment and treatment. We conclude that the district court was not clearly mistaken and affirm Kignak's sentence.
Facts and Proceedings
On the afternoon of July 21, 2001, Police Officer Edward Stading responded to a report that Kignak was intoxicated and had attempted to assault Harold Ivanoff, III on Airport Access Road in Atqasuk. When Officer Stading arrived, Ivanoff told him that he had slowed his vehicle after observing Kignak staggering along the side of the road. Kignak jumped in front of Ivanoff's vehicle, prompting Ivanoff to slam on his brakes, get out of his truck, and ask Kignak what he was doing and if he was okay. Kignak made a fist and tried to punch Ivanoff in the face.
As Ivanoff was reporting this incident to Officer Stading, they saw Kignak driving a Honda four-wheeler. Officer Stading followed Kignak in his patrol car and pulled him over. Kignak denied that he had any problems with Ivanoff and claimed he had consumed only two drinks while visiting with friends. Officer Stading observed that Kignak seemed sleepy and confused, was unsteady on his feet, had bloodshot and watery eyes, and smelled of alcohol. Officer Stading transported Kignak to the police station and administered a portable breath test, which revealed a breath alcohol content of .215 percent. He then arrested Kignak for driving while intoxicated and for violating conditions of probation requiring that he not drink.
Kignak attempted to hang himself in his cell by twisting a pair of shorts around his neck and stretching the other end of the shorts over the window frame. When Officer Stading took Kignak down, Kignak pushed Stading in the chest, and then wrapped his arms around his right leg and held on. After Kignak ignored several orders to let go of Officer Stading, Stading sprayed him with two quarter-second bursts of pepper spray. Officer Stading broke free, but Kignak continued to try to grab his legs while attempting to leave the cell. Officer Stading sprayed Kignak again with pepper spray and eventually was able to get him on his feet and back into his cell. In the next twenty minutes, Kignak attempted twice to hang himself.
Kignak was charged with driving while intoxicated, violating the conditions of his probation, and two counts of disorderly conduct. He pleaded no contest to driving while intoxicated and the State dismissed the other counts. Magistrate Karen R. Hegyi found that Kignak was a worst offender, mainly because he had a long history of alcohol-related offenses, had not un
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