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Manor v. State9/12/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4443
Kenneth L. Manor pled no contest to fourth-degree assault and to driving while intoxicated (DWI), both class A misdemeanors. District Court Judge Samuel D. Adams sentenced Manor to 365 days of imprisonment, with no time suspended, for the fourth-degree assault conviction, and to 365 days of imprisonment with 362 days suspended for the DWI conviction. Manor appeals his one-year sentence for the fourth-degree assault conviction. We affirm.
On August 20, 2000, officers with the Anchorage Police Department responded to a call from a female screaming for help. They discovered Brenda Dwyer lying on the ground moaning in pain. She had a cut above her nose and was bleeding. She had bruising and swelling on the left side of her face, and it appeared that her nose was broken.
Dwyer told the officers that she had been beaten by her ex-boyfriend, Manor, with whom she had lived on and off for six years. Dwyer reported that Manor had hit her fifteen times on her head and torso with his fists, and five or six times in the forehead with a beer can. Dwyer told the officers that she was knocked unconscious by the blows. According to Dwyer, part of the beating occurred in the front seat of Manor's vehicle. She also told the officers that she had bled on the front seat. After the assault, Manor drove away from the scene in a white pickup with a black camper shell.
Based on Dwyer's description, the police located Manor's vehicle and stopped Manor after he failed to stop for a stop sign. The officers observed fresh blood on the seat, two full beer cans on the floor of the cab, and multiple pieces of what appeared to be human hair on the floor. The officers also noted that Manor's knuckles and the back of his hands were scuffed.
Manor appeared to the officers to be intoxicated, and had difficulty with field sobriety tests. He submitted to an intoximeter test, which yielded a result of .091 percent breath alcohol content. As Manor was lead into the Cook Inlet Pre-trial facility, he told one of the police officers that if he ever saw Dwyer again, he would "kill her."
Manor was charged with second-degree assault and DWI. He ultimately entered into a plea agreement with the state where he pled no contest to one count of fourth-degree assault and to one count of DWI. For some reason, the initial change of plea did not go forward. As Manor was led from the courtroom, the jail services officer heard Manor say, "so I'm a woman beater, that fucking cunt can't even lie, wait until I get out and I'll beat her ass (indiscernible), now this officer's probably going to tell on me." Manor's change of plea was ultimately accepted by the court on September 25, 2000, and Manor was sentenced at that time. The state introduced evidence that Manor had eight prior misdemeanor convictions. In 1999, Manor was convicted of fourth-degree assault involving Dwyer and of interference with the report of a domestic violence crime. Manor was on probation for his convictions of these 1999 offenses when he committed the assault in this case. Manor's criminal history also includes convictions in 1989 for DWI and driving with a suspended license, two convictions in 1988 for driving with a suspended license, a 1988 conviction for driving without a license, and a 1986 conviction for criminal trespass.
At sentencing, Judge Adams categorized Manor as a worst offender and concluded that he had committed a worst offense. In sentencing Manor, Judge Adams emphasized two sentencing criteria -isolation and deterrence. Judge Adams told Manor "you need to be shown that when you commit assaults like this while you're on probation, threaten
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