State v. Souter , 606 P.2d 399 ( 1980 )

OPINION

Before RABINOWITZ, C. J., and CON-NOR, BOOCHEVER, BURKE and MATTHEWS, JJ.

MATTHEWS, Justice.

Appellee caused the deaths of three individuals while driving under the influence of intoxicating liquor. He was convicted on three counts of manslaughter and given one sentence for all three counts, five years of imprisonment with three and one-half years suspended.

The state has appealed and petitioned for review, contending that a general sentence should not be given on multiple counts except where multiple sentences would be illegal. The state acknowledges that our holding in Thessen v. State, 508 P.2d 1192 (Alaska 1973) precluded multiple sentences in this case and argues that Thessen was wrongly decided and should be overruled.

We held in Thessen :

[wjhere there has been but one statute violated by a single act, without intent to harm multiple victims, the Alaskan constitutional prohibition against placing a person in jeopardy twice for the same offense prevents imposition of multiple punishments.

Id. at 1195. We reaffirmed Thessen in State v. Gibson, 543 P.2d 406, 408 (Alaska 1975). The Thessen holding has been a part of the jurisprudence of this state for nine years. While it is a salutary policy to follow past decisions,¹ the rule of stare decisis will not preclude reversing a former case where the court is “clearly convinced that the rule was originally erroneous or is no longer sound because of changed conditions, and that more good than harm would result from a departure from precedent.” 1B J. Moore, Federal Practice ¶ 0.402 at 154-55 (1974); see In re G.K., 497 P.2d 914, 916-17 (Alaska 1972). See also, Poloron Products, Inc. v. Lybrand Ross Bros. & Montgomery, 72 F.R.D. 556, 562 (S.D.N.Y.1976); Velsicol Chemical Corp. v. Monsanto Co., 579 F.2d 1038, 1050 (7th Cir. 1978).

This standard has not been met here. So far as we are aware, Thessen has caused no injustice in any case to any party. Certainly here it has not done so, for the state does not contend that the sentence appellee received is too lenient in terms of time to be served or the length of probation. On this record we decline to reconsider Thessen.

AFFIRMED.

1 . Moragne v. States Marine Lines, 398 U.S. 375, 403, 90 S.Ct. 1772, 1789, 26 L.Ed.2d 339, 358 (1970).