Sentence Appeal

(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. to (5) Right 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 the applicable presumptive sentencing range by filing a petition for review in the court of appeals under Appellate Rule 402. is below that RULES OF APPELLATE PROCEDURE