IN THE SUPREME COURT OF THE STATE OF ALASKA

                            ORDER NO.   1368 

                                   Amending Appellate Rule 215(a) and (j)
concerning sentence appeals and sentence petitions.

IT IS ORDERED:

     1.   Paragraph (a) of  Appellate Rule 215 is amended to read as follows:


               (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 (k).
     
     2.   Paragraph (k) of Appellate Rule 215 is amended to read as follows:

                (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.

DATED:          September 2, 1999  

EFFECTIVE DATE:            April 15, 2000    



                                                                 
                                   Chief Justice Matthews


                                                                 
                                   Justice Eastaugh


                                                                 
                                   Justice Fabe


                                                                 
                                   Justice Bryner
     

                                                                 
                                   Justice Carpeneti