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Doshier v. State3/18/1998
to serve (14 years as opposed to 13 years). For these reasons, we remanded this case to the superior court, asking the superior court to clarify its statement that Doshier's case was more serious than Puzewicz.
The superior court's clarification, quoted above, does not adequately address our concerns. The superior court recognized that Puzewicz's offense appeared to be more serious than Doshier's, but the court then inexplicably declared that Doshier's sentence " less than Puzewicz" and therefore "consistent with Puzewicz". This is simply incorrect. Doshier's sentence of 20 years with 6 years suspended is clearly more severe than the sentence imposed in Puzewicz.
We recognize that sentence review is not designed to ensure absolute uniformity of sentences. Neverthless, sentence review is designed "to achieve reasonable uniformity and to eliminate unjustified disparity". AS 12.55.005; Pusich v. State, 907 P.2d 29, 35 (Alaska App. 1995). Here, Doshier has received a sentence in the upper range of reported vehicular homicide sentences. To conform to the sentencing goals of achieving reasonable uniformity and eliminating unjustified disparity, the sentencing court was under a duty to articulate reasonable grounds for distinguishing Doshier's case from cases such as Puzewicz.
The only apparent distinctions between Doshier's case and Puzewicz - the level of offense, the number of persons killed and injured, and the defendant's prior driving record - all point toward Doshier's receiving a lesser sentence than the one imposed in Puzewicz. It is, of course, conceivable that a particular case might present other factors to justify a more severe sentence; that was the reason behind our decision to remand Doshier's case to the superior court. But the superior court failed to articulate any grounds for concluding that Doshier should receive a more severe sentence than the one imposed in Puzewicz.
Both this court and the Alaska Supreme Court have repeatedly emphasized the seriousness of drunk-driving homicide, and we have upheld substantial penalties for this crime. Nevertheless, in the absence of articulable reasons for imposing such a severe sentence on Doshier, we conclude that the sentencing decision of the superior court is clearly mistaken. See McClain v. State, 519 P.2d 811, 813-14 (Alaska 1974).
Doshier's sentence is REVERSED. The superior court shall resentence Doshier to no more than 20 years' imprisonment with 8 years suspended - that is, 12 years to serve.
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