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Leuch v. State

Supreme Court of Alaska
633 P.2d 1006 (1981)


David Leuch (defendant) was convicted of unemployment fraud and given a 90-day prison sentence. Leuch was required to make restitution but later admitted his failure to do so. During Leuch’s incarceration, he met Michael Darr. After their release, Leuch and Darr broke into a motorcycle store and stole two motorcycles. In order to procure money to ship the motorcycles out of state, Leuch and Darr spent two weeks planning a burglary of a local roadhouse. They then broke into the roadhouse and stole roughly $12,000 in cash and checks from a safe. Leuch pled guilty to two counts of grand larceny. The lower court imposed concurrent sentences of eight years with four suspended. The court noted that given Leuch’s previous convictions—including crimes of petty larceny and unauthorized entry—Leuch demonstrated extreme dishonesty. The lower court credited Leuch with admitting his participation in the crimes and for his good attitude while incarcerated. Leuch appealed the sentence, claiming it was excessive.

Rule of Law


Holding and Reasoning (Rabinowitz, C.J.)

Dissent (Matthews, J.)

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