Parrish v. State

OPINION

MANNHEIMER, Judge.

Kevin L. Parrish appeals the sentence that he received for felony breath test refusal. He argues that the superior court should have ruled in his favor on two proposed mitigating factors under AS 12.55.155:(d)(9) — that his conduct was among the least serious within the definition of the offense, and (d)(13) — that, throughout his criminal history, the harm he has caused has been consistently minor, and that this minor harm is inconsistent with the imposition of a substantial term of imprisonment.

(Since the time of Parrish’s sentencing, these two mitigating factors…