Foley v. State

In Foley v. State, 9 P.3d 1038, 1041 (Alaska App. 2000), the Court held that where the defendant's "record was replete with convictions for driving while intoxicated -- an offense which ... poses a significant danger to the life and safety of others," the sentencing judge could properly rely on the devendant's numerous misdemeanor convictions to find that he was a worst offender for purposes of sentencing on his felony DUI. Although a substantial period of imprisonment should not usually be imposed on someone who has not previously been subject to a lesser term, the Court concluded that Foley's sentence was appropriate because he was a mature defendant with a engthy record of convictions and poor prospects for rehabilitation.