Smith v. State

OPINION

BRYNER, Chief Judge.

Nicholas R. Smith pled no contest to one count of third-degree assault, AS 11.41.220. Superior Court Judge Walter L. Carpeneti sentenced Smith to four years’ imprisonment with one and one-half years suspended. Smith appeals his sentence as excessive under Austin v. State, 627 P.2d 657 (Alaska App.1981) and State v. Chaney, 477 P.2d 441 (Alaska 1970). We affirm.

Smith’s offense arose from a domestic dispute in Juneau, Alaska. On the afternoon of September 26, 1982, Smith telephoned his wife, Melody Gay Smith, to tell her he would be late; they began quarreling. Later…