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Harrison v. State3/18/1998
MEMORANDUM AND JUDGMENT
Michael John Harrison was convicted of third-degree assault, AS 11.41.220(a)(1)(A), and first-degree vehicle theft, AS 11.46.360(a)(1). He received a composite sentence of 6 years' imprisonment with 3 years suspended (3 years to serve). Harrison appeals this sentence, contending that it is excessive. For the reasons explained in this opinion, we affirm Harrison's sentence.
Late in the evening of August 24, 1996, Harrison and a companion drove up to an apartment complex in Anchorage. At about the same time, T.B. and his wife and child were returning from a shopping trip. T.B. told Harrison, "I'd appreciate it if you guys would keep the noise down tonight". Harrison responded by pulling a handgun, pointing it at T.B., and telling T.B. that he could "sleep permanently". Harrison's companion then got out of the car, produced a second firearm, and chambered a round. T.B.'s wife went inside their apartment and telephoned the police.
Harrison approached T.B. and pointed the gun close to his face. Harrison then doubled his fist and struck T.B. in the face. Harrison's companion asked, "Do you want me to kill him?", but Harrison replied, "If I want to kill him, I'll kill him myself." After a while, Harrison and his companion decided to leave, but then they discovered that their car would not start. They ordered T.B. to get his vehicle and give them a jumpstart. T.B. started his vehicle and drove it to where Harrison's vehicle was parked. However, neither Harrison nor T.B. had jumper cables in their vehicles. T.B. told Harrison that he had a tool box in his apartment, and he went inside (ostensibly to retrieve jumper cables). By this time, the police were arriving, and Harrison and his companion decided to flee. Abandoning their immobile car, they jumped into T.B.'s vehicle and drove away.
A short distance away, a police officer pulled the vehicle over. The officer asked Harrison and his companion if they had been involved in the disturbance at the apartment complex. Harrison denied any involvement, but the officer noticed that Harrison was acting nervous and was inching the vehicle forward. When the officer asked the pair for identification, neither man could (or would) produce any. The officer also saw that Harrison kept reaching under his coat. Fearing that the men were armed, the officer directed Harrison to turn off the ignition and he asked both men to get out of the car. Instead, Harrison slammed the vehicle into gear and accelerated rapidly.
Because of police protocols restricting high-speed chases, the officer did not pursue Harrison. However, within three days, the police had recovered T.B.'s stolen vehicle and had arrested Harrison.
Harrison was a second felony offender, having been convicted of burglary in 1986. He received a suspended imposition of sentence for that prior burglary, but his probation was later revoked and he served several months in prison. Harrison was released again in January 1989. Since that time, Harrison had been convicted of misdemeanor shoplifting (in November 1995) and eighteen traffic offenses, including one conviction for driving while intoxicated, two convictions for driving with a revoked license, and three speeding tickets.
In exchange for Harrison's pleas to third-degree assault and first-degree vehicle theft in the present case, the State dropped four other pending charges against Harrison: (1) a fourth-degree assault charge, stemming from an incident of domestic violence against Harrison's girlfriend on June 6, 1996; (2) a first-degree vehicle theft that occurred on August 17, 1996; (3) a third-degree criminal mischief that occurred on August 19, 1996, when Harrison
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