Dale v. State

While I concur in this court’s resolution of the impermissible data issue, I cannot agree with the court’s holding regarding the deportation issue.

At sentencing, Dale’s counsel urged that the objectives of sentencing could be best served by imposing a limited period of incarceration in light of the deportation.1 Although the superior court considered the Chaney goals of rehabilitation, reinforcement of social norms, isolation, and deterrence in imposing a sentence of incarceration, the court never mentioned Dale’s pending deportation. Knowledge that the defendant may be deported is one of the…