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Graham v. State

3/4/1998

nt. Evidence presented at Graham's trial indicated that Graham had volunteered to be a foster parent for some very difficult children, and that he and his wife had been positive influences on at least some of them. However, the evidence also showed that Graham furnished alcoholic beverages on a regular basis to the teenagers who were entrusted to him - a group of boys who were at high risk to begin with.


At the sentencing hearing, the district attorney noted that the three minors in this case had substance abuse problems when they were first entrusted to Graham's care, and she asked for a severe sentence because Graham had abused the trust of "children with special problems". In his sentencing remarks, Judge Cranston agreed that the children were "highly troubled" and that Graham knew "that all of these kids were vulnerable to begin with, or else they wouldn't have been placed in [Graham's] foster home". Based on these findings, Judge Cranston could rationally conclude that Graham's offenses were more serious than the typical act of furnishing alcohol to a minor, and that these offenses merited substantial punishment.


Having independently reviewed the record, we conclude that Graham's sentence is not clearly mistaken. McClain v. State, 519 P.2d 811, 813-14 (Alaska 1974).


The judgment of the superior court is AFFIRMED.






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