HB 181 AM: "An Act relating to the state's right to appeal in criminal cases; relating to sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; and providing for an effective date."
00HOUSE BILL NO. 181 am 01 "An Act relating to the state's right to appeal in criminal cases; relating to 02 sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The legislature finds that AS 22.07.020, AS 22.10.020, and AS 22.15.240, 06 which give the state a right to appeal in criminal cases, are based on the provisions of 18 07 U.S.C. 3731. 08 * Sec. 2. AS 22.07.020(d) is amended to read: 09 (d) An appeal to the court of appeals is a matter of right in all actions and 10 proceedings within its jurisdiction except that 11 (1) the right of appeal to the court of appeals is waived if an appellant 12 chooses to appeal the final decision of the district court to the superior court; and 13 (2) the state's right of appeal in criminal cases is limited by the 14 prohibitions against double jeopardy contained in the United States Constitution
01 and the Alaska Constitution [STATE HAS NO RIGHT OF APPEAL IN CRIMINAL 02 CASES EXCEPT TO TEST THE SUFFICIENCY OF THE INDICTMENT OR 03 INFORMATION OR TO APPEAL A SENTENCE ON THE GROUND THAT IT IS 04 TOO LENIENT]. 05 * Sec. 3. AS 22.10.020(e) is amended to read: 06 (e) An appeal to the superior court is a matter of right, but an appeal from a 07 subordinate court may not be taken by the defendant in a criminal case after a plea of 08 guilty, except on the ground that the sentence was excessive. The state's right of 09 appeal in criminal cases is limited by the prohibitions against double jeopardy 10 contained in the United States Constitution and the Alaska Constitution [STATE 11 HAS NO RIGHT TO APPEAL IN CRIMINAL CASES, EXCEPT TO TEST THE 12 SUFFICIENCY OF AN INDICTMENT OR INFORMATION OR TO APPEAL A 13 SENTENCE ON THE GROUND IT IS TOO LENIENT]. 14 * Sec. 4. AS 22.10.020(f) is amended to read: 15 (f) An appeal to the superior court may be taken on the ground that a sentence 16 of imprisonment of 90 days or more was excessive and the superior court in the 17 exercise of this jurisdiction has the power to reduce the sentence. The state may 18 appeal a sentence on the ground that it is too lenient. When a sentence is appealed 19 [BY THE STATE] on the ground that it is too lenient, the court may not increase the 20 sentence but may express its approval or disapproval of the sentence and its reasons 21 in a written opinion. 22 * Sec. 5. AS 22.15.240(b) is amended to read: 23 (b) The defendant may appeal a judgment of conviction given in the district 24 court in a criminal action to the superior court. When the judgment is given on a plea 25 of guilty, an appeal may not be taken by the defendant except on the ground that a 26 sentence of imprisonment of 90 days or more was excessive. The state's right of 27 appeal in criminal cases is limited by the prohibition against double jeopardy 28 contained in the United States Constitution and the Alaska Constitution. The 29 state may also [STATE HAS NO RIGHT OF APPEAL IN CRIMINAL ACTIONS 30 FOR WHICH JUDGMENT IS GIVEN IN THE DISTRICT COURTS, EXCEPT TO 31 TEST THE SUFFICIENCY OF THE INFORMATION OR TO] appeal a sentence on
01 the ground that it is too lenient. When a sentence is appealed [BY THE STATE] on 02 the ground that it is too lenient, the court may not increase the sentence but may 03 express its approval or disapproval of the sentence and its reasons in a written opinion. 04 * Sec. 6. Rule 202(c), Alaska Rules of Appellate Procedure, regarding the prosecution's 05 right to appeal in criminal cases, is repealed. 06 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).