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Rose v. State3/21/2001
d in several incidents in which he physically assaulted other juveniles. After his transfer to the Fairbanks Correctional Center, Rose was involved in numerous incidents for which he was punished for possession and use of contraband and other misbehavior.
Rose entered into a plea bargain with the state in which he pled no contest to three charges. The first charge was burglary in the first degree, a class B felony, for burglarizing Fuiten's residence. The second charge was attempted murder in the first degree for shooting Mary Teel. Attempted murder in the first degree is an unclassified felony with a minimum sentence of five years of imprisonment and a maximum sentence of ninety-nine years. The third charge was arson in the first degree, a class A felony, for setting fire to the apartment complex and endangering the occupants.
When we review a composite sentence imposed for two or more criminal convictions, we assess whether the combined sentence is clearly mistaken, given the whole of the defendant's conduct and history. Moreover, because we assess the defendant's composite sentence against the defendant's conduct as a whole, we do not require that a specific sentence imposed for a particular count or offense be individually justifiable as if the one crime were considered in isolation.
In sentencing Rose, Judge Beistline considered Rose's youth and stated that, in spite of all of the evidence to the contrary, because of Rose's youth, he held out the hope that Rose could be rehabilitated. But he pointed out that Rose had been in trouble with the law before he ever came to Alaska. Once he arrived in Alaska, Rose had engaged in a course of conduct demonstrating he was a menace to society bent on preying on other people without remorse. He pointed out that Rose had not committed a single impulsive act but had committed one serious potentially deadly offense after another. Rose had first committed the burglary, and, even though it appeared that he was about to get caught, instead of curtailing his behavior, he had shot Mary Teel in the back of the neck. He found that Rose had bragged about possibly killing Teel and, again, instead of curtailing his behavior, went on to his next offense. He noted the considerable amount of planning that went into the arson offense, and stated that the arson itself was very close to being an attempted murder. Even after all of these offenses, Rose continued to commit infractions when he was placed in correctional facilities.
Judge Beistline's findings are supported by the record and support the sentence he imposed. We conclude that the sentence is not clearly mistaken.
The sentence is AFFIRMED.
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