4 NICS App. 82, MIC v. NELSON (July 1996)

IN THE METLAKATLA TRIBAL COURT OF APPEALS

    METLAKATLA INDIAN COMMUNITY

    METLAKATLA, ALASKA

    Metlakatla Indian Community, Respondent

    v.

    John R. Nelson, Appellant

    No. 95-10 (July 17, 1996)

SUMMARY

Magistrate’s Court found Appellant guilty of driving while intoxicated. Finding no abuse of discretion, we affirm and remand for enforcement of sentence.

FULL TEXT

Before:            Elbridge Coochise, Chief Justice; Dennis L. Nelson, Justice; John L. Roe, Justice

Appearances:  Harris Atkinson, on behalf of Appellant John R. Nelson; Sol Atkinson, for the Metlakatla Indian Community.

This matter came before the Metlakatla Tribal Court of Appeals on July 17, 1996 pursuant to Appellant’s Notice of Appeal filed on July 10, 1996. Appellant appeals the July 10, 1995 Magistrate’s Court sentence for driving while intoxicated in violation of Ordinance No. 81-705A, Title 13, Chapter 13.20.02 of the Motor Vehicle Code.

JURISDICTION

This Court has personal jurisdiction over Appellant because he is a member of the Metlakatla Indian Community. The act which is the subject of this appeal occurred within the exterior boundaries of the Metlakatla Indian Reservation, giving rise to territorial jurisdiction. This Court has subject matter jurisdiction over this appeal pursuant to Ordinance 702, §§ 2(a) and (b), and Article V of the Metlakatla Constitution.

ISSUE ON APPEAL

The issue on appeal is whether the Magistrate’s Court’s sentencing of Mr. Nelson upon his conviction for driving while intoxicated was excessive.

4 NICS App. 82, MIC v. NELSON (July 1996) p. 83

DISCUSSION

Upon finding Appellant guilty of driving while intoxicated, the Magistrate’s Court sentenced Mr. Nelson to pay a five-hundred dollar fine, suspended his driver’s license for six months, recommended him to an alcohol referral program, ordered points against Mr. Nelson’s driver’s license, and ordered that he have no similar violations for a twelve-month period. Appellant alleges that this was his first offense and challenges the severity of the sentence.

Appellant was convicted of driving while intoxicated, a Class A offense, pursuant to §13.23.11 of the Motor Vehicle Code. Section 13.23.03 of that Code provides:

Punishment for Class A Offenses shall be a fine not greater tha $500 nor less than $150, or suspension of the driving privileges on the Reservation . . . , or impoundment of the motor vehicle for a period not to exceed one year, or any combination thereof.

The Magistrate’s Court imposed a sentence within the ambit of the statue. Absent a clear abuse of discretion, this Appellate Court will not disturb a judgment of the trial court. There has been no showing of an abuse of discretion.

It is hereby ordered that the judgment and sentence of the Magistrate’s Court are affirmed.

It is further ordered that this matter be remanded to the Magistrate’s Court for implementation of the sentence within thirty days of the date of this Order.