SB 3: "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."
00SENATE BILL NO. 3 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(b) is amended to read: 09 (b) The court of appeals has jurisdiction to hear appeals of sentences of 10 imprisonment imposed by the superior or district court on the grounds that the 11 sentence is excessive or too lenient and, in the exercise of this jurisdiction, may 12 modify the sentence as provided by law and the state constitution. 13 * Sec. 3. AS 22.07.020(c) is amended to read: 14 (c) The court of appeals has jurisdiction to review [(1)] a final decision of the
01 district court in an action or proceeding involving criminal prosecution, post-conviction 02 relief, extradition, probation and parole, habeas corpus, or bail [; AND (2) THE 03 FINAL DECISION OF THE DISTRICT COURT ON A SENTENCE IMPOSED BY 04 IT]. In this subsection, "final decision" means a decision or order, other than dismissal 05 by consent of all parties, that closes a matter in the district court. 06 * Sec. 4. AS 22.07.020(d) is amended to read: 07 (d) An appeal to the court of appeals is a matter of right in all actions and 08 proceedings within its jurisdiction except that 09 (1) the right of appeal to the court of appeals is waived if an appellant 10 chooses to appeal the final decision of the district court to the superior court; and 11 (2) the state's right of appeal in criminal cases is limited by the 12 prohibitions against double jeopardy contained in the United States Constitution 13 and the Alaska Constitution [STATE HAS NO RIGHT OF APPEAL IN CRIMINAL 14 CASES EXCEPT TO TEST THE SUFFICIENCY OF THE INDICTMENT OR 15 INFORMATION OR TO APPEAL A SENTENCE ON THE GROUND THAT IT IS 16 TOO LENIENT]. 17 * Sec. 5. AS 22.10.020(e) is amended to read: 18 (e) An appeal to the superior court is a matter of right, but an appeal from a 19 subordinate court may not be taken by the defendant in a criminal case after a plea of 20 guilty, except on the ground that the sentence was excessive. The state's right of 21 appeal in criminal cases is limited by the prohibitions against double jeopardy 22 contained in the United States Constitution and the Alaska Constitution [STATE 23 HAS NO RIGHT TO APPEAL IN CRIMINAL CASES, EXCEPT TO TEST THE 24 SUFFICIENCY OF AN INDICTMENT OR INFORMATION OR TO APPEAL A 25 SENTENCE ON THE GROUND IT IS TOO LENIENT]. 26 * Sec. 6. AS 22.10.020(f) is amended to read: 27 (f) An appeal to the superior court may be taken on the ground that a sentence 28 of imprisonment of 90 days or more was excessive and the superior court in the 29 exercise of this jurisdiction has the power to reduce the sentence. The state may 30 appeal a sentence on the ground that it is too lenient. When a sentence is appealed 31 [BY THE STATE] on the ground that it is too lenient, the court may not increase the
01 sentence but may express its approval or disapproval of the sentence and its reasons 02 in a written opinion. 03 * Sec. 7. AS 22.15.240(b) is amended to read: 04 (b) The defendant may appeal a judgment of conviction given in the district 05 court in a criminal action to the superior court. When the judgment is given on a plea 06 of guilty, an appeal may not be taken by the defendant except on the ground that a 07 sentence of imprisonment of 90 days or more was excessive. The state's right of 08 appeal in criminal cases is limited by the prohibition against double jeopardy 09 contained in the United States Constitution and the Alaska Constitution. The 10 state may also [STATE HAS NO RIGHT OF APPEAL IN CRIMINAL ACTIONS 11 FOR WHICH JUDGMENT IS GIVEN IN THE DISTRICT COURTS, EXCEPT TO 12 TEST THE SUFFICIENCY OF THE INFORMATION OR TO] appeal a sentence on 13 the ground that it is too lenient. When a sentence is appealed [BY THE STATE] on 14 the ground that it is too lenient, the court may not increase the sentence but may 15 express its approval or disapproval of the sentence and its reasons in a written opinion. 16 * Sec. 8. Rule 202(c), Alaska Rules of Appellate Procedure, regarding the prosecution's 17 right to appeal in criminal cases, is repealed. 18 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).