Alaska Statutes

Alaska Stat. § 12.55.145 (2026)

Prior convictions

✓ current as of July 2026

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Sec. 12.55.145. Prior convictions.
(a) For purposes of considering prior convictions in imposing sentence under
     (1) AS 12.55.125(c), (d), or (e),
          (A) a prior conviction may not be considered if a period of 10 or more years has elapsed between the date of the defendant's unconditional discharge on the immediately preceding offense and commission of the present offense unless the prior conviction was for an unclassified or class A felony;

          (B) a conviction in this or another jurisdiction of an offense having elements similar to those of a felony defined as such under Alaska law at the time the offense was committed is considered a prior felony conviction;

          (C) two or more convictions arising out of a single, continuous criminal episode during which there was no substantial change in the nature of the criminal objective are considered a single conviction unless the defendant was sentenced to consecutive sentences for the crimes; offenses committed while attempting to escape or avoid detection or apprehension after the commission of another offense are not part of the same criminal episode or objective;

     (2) AS 12.55.125(l),
          (A) a conviction in this or another jurisdiction of an offense having elements similar to those of a most serious felony is considered a prior most serious felony conviction;

          (B) commission of and conviction for offenses relied on as prior most serious felony offenses must occur in the following order: conviction for the first offense must occur before commission of the second offense, and conviction for the second offense must occur before commission of the offense for which the defendant is being sentenced;

     (3) AS 12.55.135(g),
          (A) a prior conviction may not be considered if a period of five or more years has elapsed between the date of the defendant's unconditional discharge on the immediately preceding offense and commission of the present offense unless the prior conviction was for an unclassified or class A felony;

          (B) a conviction in this or another jurisdiction of an offense having elements similar to those of a crime against a person or a crime involving domestic violence is considered a prior conviction;

          (C) two or more convictions arising out of a single, continuous criminal episode during which there was no substantial change in the nature of the criminal objective are considered a single conviction unless the defendant was sentenced to consecutive sentences for the crimes; offenses committed while attempting to escape or avoid detection or apprehension after the commission of another offense are not part of the same criminal episode or objective;

     (4) AS 12.55.125(i),
          (A) a conviction in this or another jurisdiction of an offense having elements similar to those of a sexual felony is a prior conviction for a sexual felony;

          (B) a felony conviction in another jurisdiction making it a crime to commit any lewd and lascivious act on a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the sexual desires of the defendant or the victim is a prior conviction for a sexual felony;

          (C) two or more convictions arising out of a single, continuous criminal episode during which there was no substantial change in the nature of the criminal objective are considered a single conviction unless the defendant was sentenced to consecutive sentences for the crimes; offenses committed while attempting to escape or avoid detection or apprehension after the commission of another offense are not part of the same criminal episode or objective;

          (D) a conviction in this or another jurisdiction of an offense having elements similar to those of a felony defined as such under Alaska law at the time the offense was committed is considered a prior felony conviction.

(b) When sentence is imposed under this chapter, prior convictions not expressly admitted by the defendant must be proved by authenticated copies of court records served on the defendant or the defendant's counsel at least 20 days before the date set for imposition of sentence.

(c) The defendant shall file with the court and serve on the prosecuting attorney notice of denial, consisting of a concise statement of the grounds relied upon and that may be supported by affidavit or other documentary evidence, no later than 10 days before the date set for the imposition of sentence if the defendant
     (1) denies
          (A) the authenticity of a prior judgment of conviction;

          (B) that the defendant is the person named in the judgment;

          (C) that the elements of a prior offense committed in this or another jurisdiction are similar to those of a
                (i) felony defined as such under Alaska law;

                (ii) most serious felony, defined as such under Alaska law;

                (iii) crime against a person or a crime involving domestic violence;

          (D) that a prior conviction occurred within the period specified in (a)(1)(A) or (3)(A) of this section; or

          (E) that a previous conviction occurred in the order required under (a)(2)(B) of this section; or

     (2) alleges that two or more purportedly separate prior convictions should be considered a single conviction under (a)(1)(C) or (3)(C) of this section.

(d) Matters alleged in a notice of denial shall be heard by the court sitting without a jury. If the defendant introduces substantial evidence that the defendant is not the person named in a prior judgment of conviction, that the judgment is not authentic, that the conviction did not occur within the period specified in (a)(1)(A) or (3)(A) of this section, that a conviction should not be considered a prior felony conviction under (a)(1)(B) of this section, a prior most serious felony conviction under (a)(2)(A) of this section, or a prior crime against a person or a crime involving domestic violence conviction under (a)(3)(B) of this section, or that a previous conviction did not occur in the order required under (a)(2)(B) of this section, then the burden is on the state to prove the contrary beyond a reasonable doubt. The burden of proof that two or more convictions should be considered a single conviction under (a)(1)(C) or (3)(C) of this section is on the defendant by clear and convincing evidence.

(e) The authenticated judgments of courts of record of the United States, the District of Columbia, or of any state, territory, or political subdivision of the United States are prima facie evidence of conviction.

(f) Under this section, a prior conviction has occurred when a defendant has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or when a verdict of guilty or guilty but mentally ill has been returned by a jury or by the court.

(g) In this section,
     (1) “crime against a person” has the meaning given in AS 12.55.135;

     (2) “crime involving domestic violence” has the meaning given in AS 18.66.990.

Notes of Decisions

Cited in 82 cases (4 in the last 5 years), 1982–2025 · leading case: State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983).

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State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983). · cites it 11× “5 The state nevertheless contends that AS 12.55.145, a provision that limits the circumstances under which prior convictions may be considered for the purposes of imposing a presumptive sentence, requires a departure from the rule of Carlson .”

Williams v. State, 418 P.3d 870 (Alaska Ct. App. 2018). · cites it 13× “See AS 12.55.145(a). As we explain in this opinion, we agree with Williams, and we direct the superior court to re-sentence him.”

Lee v. State, 673 P.2d 892 (Alaska Ct. App. 1983). · cites it 9× “Judge Buckalew found that Lee’s 1972 larceny was a “prior conviction” under the meaning of AS 12.55.145 and that he was therefore subject to presumptive sentencing as a second felony offender.”

Gilley v. State, 955 P.2d 927 (Alaska Ct. App. 1998). · cites it 14× “Gilley bases his argument on a passage from the legislative commentary to AS 12.55.145: By referring to the “immediately preceding offense”, [AS 12.”

Borja v. State, 886 P.2d 1311 (Alaska Ct. App. 1994). · cites it 7× “The superior court therefore ruled that Borja’s California offense should be considered a prior felony for purposes of presumptive sentencing under AS 12.55.145(a)(2), which reads: For purposes of considering prior convictions in imposing sentence under [presumptive sentencing,]…”

Walsh v. State, 677 P.2d 912 (Alaska Ct. App. 1984). · cites it 5× “Rather, AS 12.55.145 requires similarity between the elements of the former offense and the current law.”

Brown v. State, 425 P.3d 216 (Alaska Ct. App. 2018). · cites it 10× “See AS 12.55.145(a)(1)(B). The question presented in this appeal is whether the Montana offense of felony driving under the influence is sufficiently similar to the Alaska version of felony DUI to qualify as a "prior felony conviction".”

Lacquement v. State, 644 P.2d 856 (Alaska Ct. App. 1982). · cites it 3× “See also AS 12.55.145(a) and 12.55.185(8). 3 . AS 12.”

Wasson v. State, 652 P.2d 117 (Alaska Ct. App. 1982). · cites it 8× “Wasson relies upon AS 12.55.145 which provides in pertinent part: (a) For purposes of considering prior convictions and imposing sentence under this chapter.”

Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). · cites it 8× “The state points out that the holding in Sawyer has apparently been modified by AS 12.55.145. [8] But as the defendants point out, AS 12.”

Hoekzema v. State, 193 P.3d 765 (Alaska Ct. App. 2008). · cites it 6× “The calculation of a defendant's number of prior felony convictions is governed by AS 12.55.145. Under subsection (a)(1)(C) of that statute, if a defendant has two or more felony convictions "arising out of a single, continuous criminal episode", and if "there was no substantial…”

Juneby v. State, 641 P.2d 823 (Alaska Ct. App. 1982). · cites it 2× “125 is governed by the provisions of AS 12.55.145 and 12.55.-185(6), (7), and (8).”

Show all 82 citing cases →

— Alaska Stat. § 12.55.145(F) — 1 case

Eberhardt v. State, 275 P.3d 560 (Alaska Ct. App. 2012).

— Alaska Stat. § 12.55.145(a) — 8 cases

Williams v. State, 418 P.3d 870 (Alaska Ct. App. 2018). “See AS 12.55.145(a). As we explain in this opinion, we agree with Williams, and we direct the superior court to re-sentence him.”

Gilley v. State, 955 P.2d 927 (Alaska Ct. App. 1998). “Gilley bases his argument on a passage from the legislative commentary to AS 12.55.145: By referring to the “immediately preceding offense”, [AS 12.”

Lacquement v. State, 644 P.2d 856 (Alaska Ct. App. 1982). “See also AS 12.55.145(a) and 12.55.185(8). 3 . AS 12.”

Rozkydal v. State, 938 P.2d 1091 (Alaska Ct. App. 1997).

Fry v. State, 655 P.2d 789 (Alaska Ct. App. 1983).

— Alaska Stat. § 12.55.145(a)(1) — 7 cases

Ortberg v. State, 751 P.2d 1368 (Alaska Ct. App. 1988).

Gilley v. State, 955 P.2d 927 (Alaska Ct. App. 1998). “Gilley bases his argument on a passage from the legislative commentary to AS 12.55.145: By referring to the “immediately preceding offense”, [AS 12.”

Mooney v. State, 167 P.3d 81 (Alaska Ct. App. 2007).

Walsh v. State, 677 P.2d 912 (Alaska Ct. App. 1984). “Rather, AS 12.55.145 requires similarity between the elements of the former offense and the current law.”

Fry v. State, 655 P.2d 789 (Alaska Ct. App. 1983).

— Alaska Stat. § 12.55.145(a)(1)(A) — 7 cases

Mooney v. State, 167 P.3d 81 (Alaska Ct. App. 2007).

McDole v. State, 121 P.3d 166 (Alaska Ct. App. 2005).

Gilley v. State, 955 P.2d 927 (Alaska Ct. App. 1998). “Gilley bases his argument on a passage from the legislative commentary to AS 12.55.145: By referring to the “immediately preceding offense”, [AS 12.”

Mooney v. State, 105 P.3d 149 (Alaska Ct. App. 2005).

Williams v. State, 418 P.3d 870 (Alaska Ct. App. 2018). “See AS 12.55.145(a). As we explain in this opinion, we agree with Williams, and we direct the superior court to re-sentence him.”

— Alaska Stat. § 12.55.145(a)(1)(B) — 10 cases

Brown v. State, 425 P.3d 216 (Alaska Ct. App. 2018). “See AS 12.55.145(a)(1)(B). The question presented in this appeal is whether the Montana offense of felony driving under the influence is sufficiently similar to the Alaska version of felony DUI to qualify as a "prior felony conviction".”

Timothy v. State, 90 P.3d 177 (Alaska Ct. App. 2004).

Smith v. State, 83 P.3d 12 (Alaska Ct. App. 2004).

Brodigan v. State, 95 P.3d 940 (Alaska Ct. App. 2004).

Snelling v. State, 123 P.3d 1096 (Alaska Ct. App. 2005).

— Alaska Stat. § 12.55.145(a)(1)(C) — 7 cases

Hoekzema v. State, 193 P.3d 765 (Alaska Ct. App. 2008). “The calculation of a defendant's number of prior felony convictions is governed by AS 12.55.145. Under subsection (a)(1)(C) of that statute, if a defendant has two or more felony convictions "arising out of a single, continuous criminal episode", and if "there was no substantial…”

Butts v. State, 53 P.3d 609 (Alaska Ct. App. 2002).

Brockway v. State, 37 P.3d 427 (Alaska Ct. App. 2001).

Andrews v. State, 967 P.2d 1016 (Alaska Ct. App. 1998).

Lanolan Anderson v. State of Alaska, 444 P.3d 239 (Alaska Ct. App. 2019).

— Alaska Stat. § 12.55.145(a)(1)(dA) — 1 case

Netling v. State, 145 P.3d 609 (Alaska Ct. App. 2006).

— Alaska Stat. § 12.55.145(a)(2) — 19 cases

Borja v. State, 886 P.2d 1311 (Alaska Ct. App. 1994). “The superior court therefore ruled that Borja’s California offense should be considered a prior felony for purposes of presumptive sentencing under AS 12.55.145(a)(2), which reads: For purposes of considering prior convictions in imposing sentence under [presumptive sentencing,]…”

Wells v. State, 687 P.2d 346 (Alaska Ct. App. 1984).

Mancini v. State, 841 P.2d 184 (Alaska Ct. App. 1992).

Walsh v. State, 677 P.2d 912 (Alaska Ct. App. 1984). “Rather, AS 12.55.145 requires similarity between the elements of the former offense and the current law.”

Garroutte v. State, 683 P.2d 262 (Alaska Ct. App. 1984).

— Alaska Stat. § 12.55.145(a)(2)(B) — 1 case

Wooley v. State, 221 P.3d 12 (Alaska Ct. App. 2009).

— Alaska Stat. § 12.55.145(a)(3) — 5 cases

State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983). “5 The state nevertheless contends that AS 12.55.145, a provision that limits the circumstances under which prior convictions may be considered for the purposes of imposing a presumptive sentence, requires a departure from the rule of Carlson .”

Anderson v. State, 904 P.2d 433 (Alaska Ct. App. 1995).

Lacquement v. State, 644 P.2d 856 (Alaska Ct. App. 1982). “See also AS 12.55.145(a) and 12.55.185(8). 3 . AS 12.”

Juneby v. State, 641 P.2d 823 (Alaska Ct. App. 1982). “125 is governed by the provisions of AS 12.55.145 and 12.55.-185(6), (7), and (8).”

Tulowetzke v. State, Dep't of Pub. Saf., 743 P.2d 368 (Alaska 1987).

— Alaska Stat. § 12.55.145(a)(3)(C) — 1 case

Butts v. State, 53 P.3d 609 (Alaska Ct. App. 2002).

— Alaska Stat. § 12.55.145(a)(4) — 2 cases

Xeuy Sikeo v. State, 258 P.3d 906 (Alaska Ct. App. 2011).

James R. Phillips v. State of Alaska (Alaska Ct. App. 2025).

— Alaska Stat. § 12.55.145(a)(4)(A) — 1 case

Keone Jason Lee v. State of Alaska (Alaska Ct. App. 2022).

— Alaska Stat. § 12.55.145(b) — 10 cases

Bloomstrand v. State, 656 P.2d 584 (Alaska Ct. App. 1982).

Huf v. State, 675 P.2d 268 (Alaska Ct. App. 1984).

Kelly v. State, 663 P.2d 967 (Alaska Ct. App. 1983).

Gant v. State, 712 P.2d 906 (Alaska Ct. App. 1986).

State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983). “5 The state nevertheless contends that AS 12.55.145, a provision that limits the circumstances under which prior convictions may be considered for the purposes of imposing a presumptive sentence, requires a departure from the rule of Carlson .”

— Alaska Stat. § 12.55.145(c) — 4 cases

Sawyer v. State, 663 P.2d 230 (Alaska Ct. App. 1983).

Gant v. State, 712 P.2d 906 (Alaska Ct. App. 1986).

Brown v. State, 425 P.3d 216 (Alaska Ct. App. 2018). “See AS 12.55.145(a)(1)(B). The question presented in this appeal is whether the Montana offense of felony driving under the influence is sufficiently similar to the Alaska version of felony DUI to qualify as a "prior felony conviction".”

Wiley v. State, 822 P.2d 940 (Alaska Ct. App. 1991).

— Alaska Stat. § 12.55.145(d) — 12 cases

Allen v. State, 51 P.3d 949 (Alaska Ct. App. 2002).

Tuttle v. State, 65 P.3d 884 (Alaska Ct. App. 2003).

Kelly v. State, 663 P.2d 967 (Alaska Ct. App. 1983).

Morgan v. State, 661 P.2d 1102 (Alaska Ct. App. 1983).

Huf v. State, 675 P.2d 268 (Alaska Ct. App. 1984).

— Alaska Stat. § 12.55.145(e) — 1 case

Sawyer v. State, 663 P.2d 230 (Alaska Ct. App. 1983).

— Alaska Stat. § 12.55.145(f) — 3 cases

Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). “The state points out that the holding in Sawyer has apparently been modified by AS 12.55.145. [8] But as the defendants point out, AS 12.”

Lane v. State, 382 P.3d 1188 (Alaska Ct. App. 2016).

Eberhardt v. State, 275 P.3d 560 (Alaska Ct. App. 2012).

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