Alaska v. Tofelogo

A man accidentally killed his roommate with a large knife while demonstrating martial arts moves. He pled guilty to criminally negligent homicide and stipulated to the applicability of a statutory aggravator that allowed sentencing above the upper range when a crime is “committed against . . . a member of the social unit made up of those living together in the same dwelling as the defendant.” On appeal of the sentence, defendant argued the aggravator was inappropriate in the context of his case. The court of appeals agreed, concluding that the aggravator is limited to cases in which the defendant’s conduct was specifically directed at the victim and had some source in the relationship between the victim and the defendant. Upon the State’s request for review, the Alaska Supreme Court concluded the aggravator applied to the facts of this case and the sentencing court was not clearly mistaken in giving it some weight. Therefore, the Court reversed the decision of the court of appeals. View "Alaska v. Tofelogo" on Justia Law