Foley v. State

OPINION

MANNHEIMER, Judge.

Jake W. Foley received a sentence of 5 years' imprisonment-the maximum permissible sentence-for the offense of felony driving while intoxicated. On appeal, he contends that this sentence is excessive. In light of Foley's numerous past offenses and his repeated failures at rehabilitation, we conclude that this sentence is not clearly mistaken. We therefore affirm Foley's sentence.

On May 6, 1999, Foley was driving north on the Seward Highway between Anchorage and Girdwood. He drove into the oncoming lane, forcing a southbound driver to steer off the road to avoid a…