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Griffin v. State10/6/2000
[No. 1693 - October 6, 2000]
Appeal from the Superior Court, Third Judicial District, Palmer, Eric Smith, Judge.
Michael S. Griffin, a defendant with a long history of burglaries and thefts, was convicted of a number of class B and class C felonies arising from two separate criminal episodes in June and July, 1998. For these 1998 crimes, Superior Court Judge Eric Smith sentenced Griffin to a composite term of 17 years to serve. In addition, Judge Smith revoked Griffin's suspended jail time from two prior felony cases. All told, Griffin received a composite sentence of close to 23 years' imprisonment. The question is whether this sentence is excessive. For the reasons explained here, we conclude that Griffin's sentence is not clearly mistaken - that it is "within permissible range of reasonable sentences which a reviewing court, after an independent review of the record, will not modify." Accordingly, we affirm the superior court's sentencing decision.
Griffin's past criminal history
Griffin has been in trouble with the law on a regular basis for the past fifteen years. In 1984, Griffin was adjudicated a delinquent minor after he committed two residential burglaries; he was sent to McLaughlin Youth Center and later released on juvenile probation. While on probation, Griffin absconded from Alaska. He was later found incarcerated in the State of Washington, where he had committed another burglary and had been sentenced to a youth camp. Griffin was released from Alaska juvenile supervision on his eighteenth birthday (June 18, 1986).
The following year, Griffin committed his first adult felonies. He was convicted of two counts of second-degree theft in Case No. 3AN-87-5477 Cr, and another two counts of second-degree theft in Case No. 3AN-87-7512 Cr. Griffin was sentenced to a composite term of 4 years' imprisonment with 3 years suspended (1 year to serve). Since that time, Griffin has spent nearly his whole life either in prison or on parole / probation supervision.
In 1991, Griffin committed a new string of felonies. He was convicted in Case No. 3AN-91-5493 Cr of first-degree burglary, two counts of second-degree theft, and what would now be third-degree weapons misconduct (felon in possession of a concealable firearm). For these crimes, Griffin received a composite sentence of 10 years' imprisonment with 3 years suspended (7 years to serve).
Griffin was released from prison in February 1996. He committed several probation violations during the remainder of that year, but the court apparently continued his probation. The following year, Griffin was sent to prison for a month (in July/August 1997). He was sent back to prison again in April 1998. Then, shortly after his release, he committed the crimes which are the subject of this appeal.
Griffin's current offenses: Case No. 3PA-98-1584 Cr
On the afternoon of June 19, 1998, 64-year-old Barbara Christensen came home to find a strange car parked in her driveway. It turned out that four people (three men and a woman) were in the process of burglarizing her residence. The burglars made off with armloads of Christensen's property, but their actions were recorded on a security camera tape. This tape showed that one of the men - later identified as Griffin - was holding a handgun as he approached the front door.
When the police arrived to investigate, they discovered that the house had been ransacked. The burglars had stolen approximately $64,000 worth of jewelry, furs, art, and heirlooms.
Christensen's residence had a camera security system. The police obtained a copy of the surveillance tape and released it (along
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