Arrest of Judgment

(a) Grounds. A motion in arrest of judgment following a plea or verdict of guilty may be founded on one or more of the following grounds, and not otherwise: (1) That the grand jury by which the indictment was found had no legal authority to inquire into the crime charged, or that the court was without jurisdiction of the offense charged. (3) may not reduce or modify a sentence so as to impose a term of imprisonment that is less than the minimum required by law; (4) may not reduce a sentence imposed in accordance with a plea agreement between the defendant and the prosecuting attorney that provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum; and (2) That the facts stated in the indictment or information do not constitute a crime. (b) Time for Making Motion. The motion shall be made within 5 days after verdict or finding of guilt, or within such further time as the court may fix during the 5-day period. (5) may not reduce a sentence below the minimum specified in a plea agreement between the defendant and the prosecuting attorney. (c) Victim’s Rights. The victim may comment on motions made under this rule as follows: (c) Effect of Order Arresting Judgment. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation the defendant was in before the indictment was found. the court shall order (d) Recommitting Defendant or Admission to Bail. If from the evidence given on the trial, there is reasonable ground to believe the defendant guilty, and a new indictment or information can be framed upon which the defendant may be convicted, to be recommitted to custody or admitted to bail, to answer the new indictment or information, if one be found or filed. If the evidence shows the defendant to be guilty of another crime than that charged in the indictment or information, the defendant must in like manner be committed or held thereon, and in neither case is the verdict a bar to another action for the same crime. the defendant (e) Discharge of Defendant. If no evidence appears sufficient to charge the defendant with any crime, the defendant must, if in custody, be discharged, or, if the defendant has given bail or deposited money in lieu thereof, the bail is exonerated or the money must be refunded to the defendant, and in such case the arrest of judgment operates as an acquittal of the charge upon which the indictment or information was founded. (1) When an individual convicted of a crime against a person or arson in the first degree files a motion to modify or reduce a sentence, the court shall, if feasible, send a copy of the motion to the Department of Corrections sufficiently in advance of any scheduled hearing or briefing deadline to enable the department to notify the victim, as directed by AS 12.55.088(e). (2) The court shall provide copies of the victim’s comments to the prosecuting attorney and to the person filing the motion to reduce or modify a sentence, or the person’s attorney. (3) The court shall consider the comments of the victim when relevant, and any response offered by the prosecuting attorney or the person filing the motion, in deciding whether to reduce or modify a sentence. (4) If more than one person who qualifies as a victim under paragraph (d)(2) of this rule requests the opportunity to exercise rights under this paragraph, the court shall allow the person designated under AS 12.55.172 to exercise those rights, or if a person has not been designated under AS 12.55.172, the court shall designate one person for purposes of exercising rights under this paragraph. 59