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Torgramsen v. State6/9/1999
4059 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 for any proposition of law, nor as an example of the proper resolution of any issue.
MEMORANDUM OPINION AND JUDGMENT
Appeal from the District Court, Third Judicial District, Anchorage, Natalie K. Finn, Judge.
Wesley J. Torgramsen pleaded no contest to two counts of fourth-degree assault. District Court Judge Natalie K. Finn sentenced Torgramsen to a total of 725 days with 240 days suspended on those two state counts. Judge Finn also sentenced Torgramsen in two municipal cases in which his probation was revoked. In the first municipal case, Torgramsen had been convicted of driving while intoxicated, driving while license revoked, eluding a police officer, reckless driving, and resisting an officer. In the other municipal case, Torgramsen had been convicted of assault. Judge Finn imposed 360 days from those two municipal cases consecutive to the two state assault charges. Torgramsen contends that his total composite sentence is excessive. We conclude that the sentence is not clearly mistaken and affirm.
In the first municipal case, on June 7, 1996, police signaled Torgramsen to stop for a traffic violation. But Torgramsen (who was on bail release for a driving while intoxicated case that arose on May 2, 1996 and was eluding his third-party custodian (his mother)) sped away. Torgramsen lost control of the vehicle, skidded, crashed, and ran. The police pursued on foot and captured Torgramsen. Torgramsen was transported to a hospital for treatment of his injuries. A blood test taken at the hospital showed his alcohol level to be 0.198. Torgramsen pleaded no contest to the following charges from this incident: driving while intoxicated (DWI), driving while license revoked, eluding a police officer, reckless driving, and resisting an officer. Torgramsen received corresponding sentences of 360 days with 330 days suspended, 120 days with 120 days suspended, 360 days with 330 days suspended, 360 days with 345 days suspended, and 180 days with 170 days suspended.
On November 16, 1996, a few months after Torgramsen received this sentence, he assaulted his girlfriend, J.L. This conduct caused the Municipality to charge him with assault in the second municipal case in this record. Torgramsen had been drinking at a bar and stepped outside to fight with another man. J.L. got between the two men. Torgramsen grabbed J.L. by her neck and threw her six to eight feet into a car. When the police arrived at the scene, they found J.L. curled into a ball and sobbing. Torgramsen pleaded no contest to the municipal charge of assaulting J.L. and was sentenced to 180 days with 150 days suspended.
The two state assault charges arose as follows. On the evening of January 20, 1998, Torgramsen and Tamara Phillips, his current girlfriend, were drinking at a bar. The bartender asked Torgramsen to leave because Torgramsen was getting drunk and violent. Phillips followed Torgramsen out of the bar to retrieve her keys, her driver's license, and her money that Torgramsen was carrying. Torgramsen refused to return the items to her. The pair began arguing in the parking lot. Phillips pushed Torgramsen. In return, Torgramsen punched Phillips; she fell against a car and onto the ground.
Phillips returned home and fell asleep on the couch. Torgramsen went to Phillips' home later that evening and assaulted her. He broke bones in seven places on Phillips' face while Phillips' eleve
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