Helmer v. State , 1980 Alas. LEXIS 614 ( 1980 )

BURKE, Justice,

dissenting.

I dissent.

Helmer, despite his age and lack of a prior criminal record, raped a fourteen year old girl in a most brutal manner. Then, by means that were both cruel and calculated, he attempted to kill her by beating her with a heavy poker. As a result of his attack, the victim has been scarred for life; her injuries include the loss of one eye. In addition, she may have suffered emotional injuries that, in time, will prove to be more serious than any of her physical injuries. Given these circumstances, I am simply unable to say that the superior court was clearly mistaken in the sentence it imposed. McClain v. State, 519 P.2d 811 (Alaska 1974). Thus, in keeping with our well established standard of review in such cases, I would affirm Helmer’s sentence. Id.