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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 55. Sentencing and Probation
- Section 120. Appeal of Sentence.
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Section 115. Fixing Eligibility For Discretionary Parole at Sentencing.
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Section 125. Sentences of Imprisonment For Felonies.
AS 12.55.120. Appeal of Sentence.
(a) A sentence of imprisonment lawfully imposed by the superior court for a term or for aggregate terms exceeding two
years of unsuspended incarceration for a felony offense or exceeding 120 days for a misdemeanor offense may be appealed
to the court of appeals by the defendant on the ground that the sentence is excessive, unless the sentence was imposed
in accordance with a plea agreement under the applicable Alaska Rules of Criminal Procedure and that agreement provided
for imposition of a specific sentence or a sentence equal to or less than a specified maximum sentence. If the superior
court imposed a sentence in accordance with a plea agreement that provided for a minimum sentence, the defendant may
appeal only that portion of the sentence that exceeds the minimum sentence provided for in the plea agreement and that
exceeds two years of unsuspended incarceration for a felony offense or 120 days of unsuspended incarceration for a
misdemeanor offense. By appealing a sentence under this section, the defendant waives the right to plead that by a
revision of the sentence resulting from the appeal the defendant has been twice placed in jeopardy for the same
offense.
(b) A sentence of imprisonment lawfully imposed by the superior court may be appealed to the court of appeals by the state
on the ground that the sentence is too lenient; however, when a sentence is appealed by the state and the defendant has
not appealed the sentence, the court is not authorized to increase the sentence but may express its approval or
disapproval of the sentence and its reasons in a written opinion.
(c) A sentence appeal under this section does not confer or enlarge the right to bail pending appeal. When the defendant,
in the prosecution of a regular appeal, urges excessiveness of the sentence as an additional ground for appeal, the
defendant's right to bail pending appeal is governed by the relevant statutes and the rules of the court.
(d) A sentence of imprisonment lawfully imposed by the district court for a term or for aggregate terms exceeding 120 days
of unsuspended incarceration may be appealed to the superior court by the defendant on the ground that the sentence is
excessive, unless the sentence was imposed in accordance with a plea agreement under the applicable Alaska Rules of
Criminal Procedure and that agreement provided for imposition of a specific sentence or a sentence equal to or less
than a specified maximum sentence. If the district court imposed a sentence in accordance with a plea agreement that
provided for a minimum sentence, the defendant may appeal only that portion of the sentence that exceeds the minimum
sentence provided for in the plea agreement and that exceeds 120 days of unsuspended incarceration. By appealing a
sentence under this section, the defendant waives the right to plead that by a revision of the sentence resulting from
the appeal the defendant has been twice placed in jeopardy for the same offense. A sentence of imprisonment lawfully
imposed by the district court may be appealed to the superior court by the state on the ground that the sentence is too
lenient; however, when a sentence is appealed by the state, the court may not increase the sentence but may express its
approval or disapproval of the sentence and its reasons in a written opinion.
(e) A sentence within an applicable presumptive range set out in AS 12.55.125
or a consecutive or partially consecutive sentence imposed in accordance with the minimum sentences set out in AS 12.55.127
may not be appealed to the court of appeals under this section or AS 22.07.020
on the ground that the sentence is excessive. However, the sentence may be reviewed by an appellate court on the ground that it is
excessive through a petition filed under rules adopted by the supreme court.
(f) The victim of the crime for which a defendant has been convicted and sentenced may file a
petition for review in an appellate court of a sentence that is below the sentencing range for the crime.
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