Alaska Statutes
Alaska Stat. § 12.55.120 (2026)
Appeal of sentence
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Sec. 12.55.120. Appeal of sentence.
(a) A sentence of imprisonment lawfully imposed by the superior court for a term or for aggregate terms exceeding two years of unsuspended incarceration for a felony offense or exceeding 120 days for a misdemeanor offense may be appealed to the court of appeals by the defendant on the ground that the sentence is excessive, unless the sentence was imposed in accordance with a plea agreement under the applicable Alaska Rules of Criminal Procedure and that agreement provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum sentence. If the superior court imposed a sentence in accordance with a plea agreement that provided for a minimum sentence, the defendant may appeal only that portion of the sentence that exceeds the minimum sentence provided for in the plea agreement and that exceeds two years of unsuspended incarceration for a felony offense or 120 days of unsuspended incarceration for a misdemeanor offense. By appealing a sentence under this section, the defendant waives the right to plead that by a revision of the sentence resulting from the appeal the defendant has been twice placed in jeopardy for the same offense.
(b) A sentence of imprisonment lawfully imposed by the superior court may be appealed to the court of appeals by the state on the ground that the sentence is too lenient; however, when a sentence is appealed by the state and the defendant has not appealed the sentence, the court is not authorized to increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
(c) A sentence appeal under this section does not confer or enlarge the right to bail pending appeal. When the defendant, in the prosecution of a regular appeal, urges excessiveness of the sentence as an additional ground for appeal, the defendant's right to bail pending appeal is governed by the relevant statutes and the rules of the court.
(d) A sentence of imprisonment lawfully imposed by the district court for a term or for aggregate terms exceeding 120 days of unsuspended incarceration may be appealed to the superior court by the defendant on the ground that the sentence is excessive, unless the sentence was imposed in accordance with a plea agreement under the applicable Alaska Rules of Criminal Procedure and that agreement provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum sentence. If the district court imposed a sentence in accordance with a plea agreement that provided for a minimum sentence, the defendant may appeal only that portion of the sentence that exceeds the minimum sentence provided for in the plea agreement and that exceeds 120 days of unsuspended incarceration. By appealing a sentence under this section, the defendant waives the right to plead that by a revision of the sentence resulting from the appeal the defendant has been twice placed in jeopardy for the same offense. A sentence of imprisonment lawfully imposed by the district court may be appealed to the superior court by the state on the ground that the sentence is too lenient; however, when a sentence is appealed by the state, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
(e) A sentence within an applicable presumptive range set out in AS 12.55.125 or a consecutive or partially consecutive sentence imposed in accordance with the minimum sentences set out in AS 12.55.127 may not be appealed to the court of appeals under this section or AS 22.07.020 on the ground that the sentence is excessive. However, the sentence may be reviewed by an appellate court on the ground that it is excessive through a petition filed under rules adopted by the supreme court.
(f) The victim of the crime for which a defendant has been convicted and sentenced may file a petition for review in an appellate court of a sentence that is below the sentencing range for the crime.
(a) A sentence of imprisonment lawfully imposed by the superior court for a term or for aggregate terms exceeding two years of unsuspended incarceration for a felony offense or exceeding 120 days for a misdemeanor offense may be appealed to the court of appeals by the defendant on the ground that the sentence is excessive, unless the sentence was imposed in accordance with a plea agreement under the applicable Alaska Rules of Criminal Procedure and that agreement provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum sentence. If the superior court imposed a sentence in accordance with a plea agreement that provided for a minimum sentence, the defendant may appeal only that portion of the sentence that exceeds the minimum sentence provided for in the plea agreement and that exceeds two years of unsuspended incarceration for a felony offense or 120 days of unsuspended incarceration for a misdemeanor offense. By appealing a sentence under this section, the defendant waives the right to plead that by a revision of the sentence resulting from the appeal the defendant has been twice placed in jeopardy for the same offense.
(b) A sentence of imprisonment lawfully imposed by the superior court may be appealed to the court of appeals by the state on the ground that the sentence is too lenient; however, when a sentence is appealed by the state and the defendant has not appealed the sentence, the court is not authorized to increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
(c) A sentence appeal under this section does not confer or enlarge the right to bail pending appeal. When the defendant, in the prosecution of a regular appeal, urges excessiveness of the sentence as an additional ground for appeal, the defendant's right to bail pending appeal is governed by the relevant statutes and the rules of the court.
(d) A sentence of imprisonment lawfully imposed by the district court for a term or for aggregate terms exceeding 120 days of unsuspended incarceration may be appealed to the superior court by the defendant on the ground that the sentence is excessive, unless the sentence was imposed in accordance with a plea agreement under the applicable Alaska Rules of Criminal Procedure and that agreement provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum sentence. If the district court imposed a sentence in accordance with a plea agreement that provided for a minimum sentence, the defendant may appeal only that portion of the sentence that exceeds the minimum sentence provided for in the plea agreement and that exceeds 120 days of unsuspended incarceration. By appealing a sentence under this section, the defendant waives the right to plead that by a revision of the sentence resulting from the appeal the defendant has been twice placed in jeopardy for the same offense. A sentence of imprisonment lawfully imposed by the district court may be appealed to the superior court by the state on the ground that the sentence is too lenient; however, when a sentence is appealed by the state, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
(e) A sentence within an applicable presumptive range set out in AS 12.55.125 or a consecutive or partially consecutive sentence imposed in accordance with the minimum sentences set out in AS 12.55.127 may not be appealed to the court of appeals under this section or AS 22.07.020 on the ground that the sentence is excessive. However, the sentence may be reviewed by an appellate court on the ground that it is excessive through a petition filed under rules adopted by the supreme court.
(f) The victim of the crime for which a defendant has been convicted and sentenced may file a petition for review in an appellate court of a sentence that is below the sentencing range for the crime.
Notes of Decisions
Cited in 124
cases (3 in the last 5 years), 1970–2025 · leading case: Allen v. Mun. of Anchorage, 168 P.3d 890 (Alaska Ct. App. 2007).
Allen v. Mun. of Anchorage, 168 P.3d 890 (Alaska Ct. App. 2007). “[11] In considering this argument, we recognized that the legislative history of AS 12.55.120 is silent on sentence appeals that involve matters other than terms of imprisonment.”
Mund v. State, 325 P.3d 535 (Alaska Ct. App. 2014). “020(b)-contains a cross-reference to the provisions of AS 12.55.120. Our jurisdictional statute declares that we have the authority to review felony sentences exceeding two years to serve "except as limited in AS 12.”
Rozkydal v. State, 938 P.2d 1091 (Alaska Ct. App. 1997). “Certain legal concepts are key to our interpretation of the current statute: the definition of a “sentence appeal”, and the distinction between an “appeal” and a “petition”.”
Richardson v. State, 47 P.3d 660 (Alaska Ct. App. 2002). “The state's jurisdictional objection to Richardson's appeal The state's jurisdictional argument is based on two statutes: AS 12.55.120, which governs a defendant's right to appeal a sentence, and AS 22.”
Wharton v. State, 590 P.2d 427 (Alaska 1979). “If AS 12.55.120 were the only source of our authority for sentence review, Wharton would be unable to appeal because his sentence does not exceed one year.”
Mutschler v. State, 560 P.2d 377 (Alaska 1977). “2d 338, 342 (Alaska 1966), decided prior to the enactment of AS 12.55.120, [5] authorizing appellate review of sentences.”
State v. Chaney, 477 P.2d 441 (Alaska 1970). “5 The 1969 act, codified as AS 12.55.120, states in part that: (a) A sentence of imprisonment lawfully imposed by the superior court for a term or for aggregate terms exceeding one year may he appealed to the supreme court by the defendant on the ground that the sentence is…”
Latham v. Palin, 251 P.3d 341 (Alaska 2011). “The court of appeals, reviewing the superior court's denial of Latham's petition for post-conviction relief, summarized the 1995 legislation as follows: In 1986, AS 12.55.120(a) stated that "[a] sentence of imprisonment lawfully imposed by the superior court for a term or for…”
Hillman v. Mun. of Anchorage, 941 P.2d 211 (Alaska Ct. App. 1997). “020(c) was intended to restrict this court’s jurisdiction to hear sentence appeals from the district court; this jurisdictional provision complements the new restrictions on district court sentence appeals embodied in the 1995 amendments to the sentence appeal statute, AS…”
Schmid v. State, 615 P.2d 565 (Alaska 1980). “In agreeing to hear a sentence appeal on such grounds, we noted: Technically, the appeal in this case may not qualify as a "sentence appeal" under AS 12.55.120, since there is no claim that the sentence itself is excessive.”
Amin v. State, 939 P.2d 413 (Alaska Ct. App. 1997). “In 1995, the Alaska Legislature amended the sentence appeal statute, AS 12.55.120, to place certain restrictions on criminal defendants’ right to appeal sentences of imprisonment.”
Putnam v. State, 629 P.2d 35 (Alaska 1980). “However, we recognize that if the case is not reversed on remand it will be necessary to reach this issue.”
— Alaska Stat. § 12.55.120(1) — 1 case
Allen v. Mun. of Anchorage, 168 P.3d 890 (Alaska Ct. App. 2007). “[11] In considering this argument, we recognized that the legislative history of AS 12.55.120 is silent on sentence appeals that involve matters other than terms of imprisonment.”
— Alaska Stat. § 12.55.120(2) — 1 case
Allen v. Mun. of Anchorage, 168 P.3d 890 (Alaska Ct. App. 2007). “[11] In considering this argument, we recognized that the legislative history of AS 12.55.120 is silent on sentence appeals that involve matters other than terms of imprisonment.”
— Alaska Stat. § 12.55.120(2a) — 1 case
Richardson v. State, 47 P.3d 660 (Alaska Ct. App. 2002). “The state's jurisdictional objection to Richardson's appeal The state's jurisdictional argument is based on two statutes: AS 12.55.120, which governs a defendant's right to appeal a sentence, and AS 22.”
— Alaska Stat. § 12.55.120(a) — 47 cases
Allen v. Mun. of Anchorage, 168 P.3d 890 (Alaska Ct. App. 2007). “[11] In considering this argument, we recognized that the legislative history of AS 12.55.120 is silent on sentence appeals that involve matters other than terms of imprisonment.”
Rozkydal v. State, 938 P.2d 1091 (Alaska Ct. App. 1997). “Certain legal concepts are key to our interpretation of the current statute: the definition of a “sentence appeal”, and the distinction between an “appeal” and a “petition”.”
Latham v. Palin, 251 P.3d 341 (Alaska 2011). “The court of appeals, reviewing the superior court's denial of Latham's petition for post-conviction relief, summarized the 1995 legislation as follows: In 1986, AS 12.55.120(a) stated that "[a] sentence of imprisonment lawfully imposed by the superior court for a term or for…”
Wharton v. State, 590 P.2d 427 (Alaska 1979). “If AS 12.55.120 were the only source of our authority for sentence review, Wharton would be unable to appeal because his sentence does not exceed one year.”
Amin v. State, 939 P.2d 413 (Alaska Ct. App. 1997). “In 1995, the Alaska Legislature amended the sentence appeal statute, AS 12.55.120, to place certain restrictions on criminal defendants’ right to appeal sentences of imprisonment.”
— Alaska Stat. § 12.55.120(a2) — 2 cases
Allen v. Mun. of Anchorage, 168 P.3d 890 (Alaska Ct. App. 2007). “[11] In considering this argument, we recognized that the legislative history of AS 12.55.120 is silent on sentence appeals that involve matters other than terms of imprisonment.”
Reandeau v. State, 265 P.3d 1045 (Alaska Ct. App. 2011).
— Alaska Stat. § 12.55.120(b) — 39 cases
Putnam v. State, 629 P.2d 35 (Alaska 1980). “However, we recognize that if the case is not reversed on remand it will be necessary to reach this issue.”
Forster v. State, 236 P.3d 1157 (Alaska Ct. App. 2010).
State v. Wortham, 537 P.2d 1117 (Alaska 1975).
State v. Chaney, 477 P.2d 441 (Alaska 1970). “5 The 1969 act, codified as AS 12.55.120, states in part that: (a) A sentence of imprisonment lawfully imposed by the superior court for a term or for aggregate terms exceeding one year may he appealed to the supreme court by the defendant on the ground that the sentence is…”
State v. Lancaster, 550 P.2d 1257 (Alaska 1976).
— Alaska Stat. § 12.55.120(c) — 2 cases
State v. Dobrova, 694 P.2d 157 (Alaska 1985).
Mund v. State, 325 P.3d 535 (Alaska Ct. App. 2014). “020(b)-contains a cross-reference to the provisions of AS 12.55.120. Our jurisdictional statute declares that we have the authority to review felony sentences exceeding two years to serve "except as limited in AS 12.”
— Alaska Stat. § 12.55.120(d) — 4 cases
Hillman v. Mun. of Anchorage, 941 P.2d 211 (Alaska Ct. App. 1997). “020(c) was intended to restrict this court’s jurisdiction to hear sentence appeals from the district court; this jurisdictional provision complements the new restrictions on district court sentence appeals embodied in the 1995 amendments to the sentence appeal statute, AS…”
Richardson v. State, 47 P.3d 660 (Alaska Ct. App. 2002). “The state's jurisdictional objection to Richardson's appeal The state's jurisdictional argument is based on two statutes: AS 12.55.120, which governs a defendant's right to appeal a sentence, and AS 22.”
Allen v. Mun. of Anchorage, 168 P.3d 890 (Alaska Ct. App. 2007). “[11] In considering this argument, we recognized that the legislative history of AS 12.55.120 is silent on sentence appeals that involve matters other than terms of imprisonment.”
Jacko v. State, 981 P.2d 1075 (Alaska Ct. App. 1999).
— Alaska Stat. § 12.55.120(e) — 9 cases
Mund v. State, 325 P.3d 535 (Alaska Ct. App. 2014). “020(b)-contains a cross-reference to the provisions of AS 12.55.120. Our jurisdictional statute declares that we have the authority to review felony sentences exceeding two years to serve "except as limited in AS 12.”
Reandeau v. State, 265 P.3d 1045 (Alaska Ct. App. 2011).
Cooper v. Dist. Court, 133 P.3d 692 (Alaska Ct. App. 2006).
Smith v. State, 187 P.3d 511 (Alaska Ct. App. 2008).
Knipe v. State, 305 P.3d 359 (Alaska Ct. App. 2013).
— Alaska Stat. § 12.55.120(f) — 1 case
Cooper v. Dist. Court, 133 P.3d 692 (Alaska Ct. App. 2006).
— Alaska Stat. § 12.55.120(q) — 1 case
Mund v. State, 325 P.3d 535 (Alaska Ct. App. 2014). “020(b)-contains a cross-reference to the provisions of AS 12.55.120. Our jurisdictional statute declares that we have the authority to review felony sentences exceeding two years to serve "except as limited in AS 12.”
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