Ison v. State

Judge Carpeneti rejected Ison’s proposed mitigating factor that “the facts surrounding the commission of the offense and any previous offenses by the defendant establish that the harm caused by the defendant’s conduct is consistently minor and inconsistent with the imposition of a substantial period of imprisonment.” This mitigating factor is set forth in AS 12.55.155(d)(13). In rejecting this proposed mitigating factor, Judge Car-peneti relied on our decision in Jordan v. State, 895 P.2d 994, 1000 (Alaska App.1995). In Jordan we stated:

Alaska Statute 12.55.155(d)(13) calls for a two-prong…