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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 55. Sentencing and Probation
- Section 165. Extraordinary Circumstances.
previous: Section 155
. Factors in Aggravation and Mitigation.
next: Section 172
. [Renumbered as AS 12.55.180
AS 12.55.165. Extraordinary Circumstances.
- (a) If the defendant is subject to sentencing under AS 12.55.125
(c), (d), (e), or (i) and the court finds by clear and convincing evidence that manifest
injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in
or from imposition of a sentence within the presumptive range, whether or not adjusted for aggravating or mitigating factors, the court
shall enter findings and conclusions and cause a record of the proceedings to be transmitted to a three-judge panel for
sentencing under AS 12.55.175
- (b) In making a determination under (a) of this section, the court may not refer a case to a three-judge panel based on
the defendant's potential for rehabilitation if the court finds that a factor in aggravation set out in AS 12.55.155
(c)(2), (8), (10), (12), (15), (17), (18)(B), (20), (21), or (28) is present.
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