State v. Hernandez

In our system of justice, sentencing is primarily a trial court function. Nicholas v. State, 477 P.2d 447, 448-49 (Alaska 1970). A trial court judge is in a much better position to evaluate the defendant and the evidence. An appeals court, relying on a printed transcript and written briefs, is in a poor position to evaluate the offender and the offense. Appellate review of sentencing must therefore give trial courts broad deference in these areas.

Judge Weeks, who has had extensive experience as a prosecuting attorney, heard the evidence in two trials in this case. On the *1318record, it is…