Alaska R. App. P. 215

(a) Appellate Review of Sentence.

(1) Defendant’s Right to Appeal Sentence as Excessive.

A defendant may appeal an unsuspended sentence of

imprisonment that exceeds two years for a felony offense or

120 days for a misdemeanor offense on the ground that the

sentence is excessive, unless the sentence was imposed in

accordance with a plea agreement that provided for imposition

of a specific sentence or a sentence equal to or less than a

specified maximum sentence. If a sentence is imposed in

accordance with a plea agreement that provides for a minimum

sentence, a defendant may appeal as excessive only the part of

the sentence that exceeds the minimum sentence by more than

two years for a felony offense or 120 days for a misdemeanor

offense.

(2) Defendant’s Right to Appeal Sentence on Grounds

Other Than Excessiveness. A defendant may appeal a sentence

of any length on grounds other than excessiveness, including

but not limited to: illegality of the sentence; erroneous findings

by the trial court that affect the statutory range of sentences to

which the defendant is subject; and procedural errors in the

sentencing proceeding.

(3) Prosecuting Authority’s Right to Appeal Sentence.

The prosecuting authority may appeal a sentence of any length

as provided in AS 22.07.020.

(4) Where Appeal is Taken. An appeal under subparagraphs (a)(1)-(3) must be taken to the court of appeals.

(5) Right to Seek Discretionary Review for Excessiveness. A defendant may seek discretionary review of

an unsuspended sentence of imprisonment which is not

appealable under subparagraph (a)(1) by filing a petition for

review in the supreme court under Appellate Rule 402. A

defendant who is filing a sentence petition and a sentence

appeal, or a sentence petition and a merit appeal, must follow

the procedure set out in paragraph (j).

(6) Victim’s Right to Seek Discretionary Review of

Defendant’s Sentence. A victim as defined in AS 12.55.185

may seek discretionary review of an unsuspended sentence of

imprisonment that is below the applicable presumptive

sentencing range by filing a petition for review in the court of

appeals under Appellate Rule 402.

(b) Notification of Right to Seek Review of Sentence.

At the time of imposition of any sentence of imprisonment, the

judge shall inform the defendant

(1) of the defendant’s right to appeal or petition for

review of the sentence under paragraph (a);

(2) that the appellate court may reduce or increase the

sentence, and that by appealing or petitioning for review of the

sentence under this rule, the defendant waives the right to

plead that by a revision of the sentence resulting from the

appeal or review the defendant has been twice placed in

jeopardy for the same offense; and

(3) that if the defendant wants counsel and is unable to

pay for the services of an attorney, the court will appoint an

attorney to represent the defendant in an appeal or petition for

review.

(c) Notice of Appeal. A notice of appeal taken only

from a sentence shall be filed with the clerk of the appellate

courts not later than 30 days after the date shown in the clerk’s

certificate of distribution on the written judgment, except as

provided for in Appellate Rule 204(a)(4). The notice of appeal

need only state that the sentence which is being appealed is too

lenient or excessive. When filed, the notice of appeal shall be

accompanied by the items specified in Appellate Rule 204

(b)(1), (2), (4), (6), and (7).

(d) Termination of Appeal. Any appeal of a sentence

initiated by the defendant may be terminated by the defendant

filing within 30 days from the filing of the notice of appeal a

notice of intent to terminate the appeal. Such a termination

shall prevent any increase in the sentence or sentences

imposed.

(e) Indigent’s Right to Counsel on Sentence Appeal.

An indigent defendant is entitled to the assistance of counsel in

prosecuting an appeal on the ground that the sentence is

excessive. Where an appeal is taken by the prosecution

pursuant to AS 12.55.120(b) on the ground that the sentence is

too lenient, and the defendant has not appealed, the appellate

court in its discretion may appoint counsel for an indigent

defendant.

(f) Record on Appeal.

(1) Except as provided in paragraph (2), Appellate Rule

210 governs the content and preparation of the record on

appeal.

(2) The parties must designate transcripts as set forth in

Rule 210(b). The designation in a sentence appeal must include

at least the entire sentencing hearing at which the sentence was

imposed. If the sentence appeal is from a probation revocation

proceeding, the designation must also include the original

sentencing hearing and all prior probation revocation

sentencing hearings.

(g) Memoranda on Appeal.

(1) By Appellant. Within 15 days after service of copies

of the record on appeal provided for in (f) of this rule, the

appellant shall file with the appellate court the original and

three copies of a memorandum in support of the appeal.

(2) By Appellee. Within 15 days after service of a copy

of the appellant’s memorandum, the appellee may file with the

appellate court the original and three copies of a memorandum

in opposition to the appeal.

(3) Reply Memorandum. No reply memorandum shall be

filed unless ordered by the court.

(4) Form and Contents of Memoranda. Memoranda shall

comply with Appellate Rule 513.5(b)(6)-(7) and shall also

comply with Appellate Rule 212(b)-(c), except:

(A) memoranda need not comply with Rule 212(c)(1)(A)-

(E);

(B) no memorandum shall exceed 25 pages without

permission of the court; and

(C) the front page of each memorandum shall include the

information that Appellate Rule 212(b) requires on the cover

of a brief.

(5) Service of Memoranda. A party’s memorandum shall

be accompanied by proof of service on opposing counsel.

(h) Oral Argument. The parties’ right to oral argument

and the procedures governing oral argument are set out in Rule

505. In cases where sentence appeals are consolidated with

appeals on the merits, a timely request for argument on the

merits is deemed to include a request for argument on the

sentence appeal.

(i) Bail Pending Appeal. A sentence appealed on the

sole ground that the sentence is excessive does not confer or

enlarge the right to bail pending appeal.

(j) Combining of Sentence Appeals, Sentence Petitions, and Merit Appeals. A party filing a sentence

appeal and a sentence petition shall combine the two, and the

procedures for sentence appeals shall govern the case. A party

filing a merit appeal shall combine that appeal with any

sentence appeal or sentence petition, and the procedures for

merit appeals shall govern the case. All combined proceedings

must be taken initially to the court of appeals, and the court of

appeals shall decide all issues within its jurisdiction.

(k) Referral of Issues Outside Jurisdiction of Court of

Appeals. In a combined appeal, upon final adjudication of all

issues within the jurisdiction of the court of appeals, the court

of appeals shall refer the case to the supreme court for

discretionary review of any remaining sentence issues which

are reviewable by the supreme court under subparagraph (a)(5)

of this rule.