Section 12.55.165. Extraordinary circumstances.

   (a) If the defendant is subject to sentencing under AS 12.55.125(c), (d), (e), or (i) and the court finds by clear and convincing evidence that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of a sentence within the presumptive range, whether or not adjusted for aggravating or mitigating factors, the court shall enter findings and conclusions and cause a record of the proceedings to be transmitted to a three-judge panel for sentencing under AS 12.55.175.
   (b) In making a determination under (a) of this section, the court may not refer a case to a three-judge panel based on the defendant's potential for rehabilitation if the court finds that a factor in aggravation set out in AS 12.55.155(c)(2), (8), (10), (12), (15), (17), (18)(B), (20), (21), or (28) is present.
   (c) A court may not refer a case to a three-judge panel under (a) of this section if the defendant is being sentenced for a sexual felony under AS 12.55.125(i) and the request for the referral is based solely on the claim that the defendant, either singly or in combination, has
        (1) prospects for rehabilitation that are less than extraordinary; or
        (2) a history free of unprosecuted, undocumented, or undetected sexual offenses.
   (d) A court may not refer a case to a three-judge panel under (a) of this section if the request for referral is based, in whole or in part, on the claim that a sentence within the presumptive range may result in the classification of the defendant as deportable under federal immigration law.

Authorities

12.55.175

Notes

References

AS 12.55.175 Three-judge sentencing panel.

History

(Sec. 12 ch 166 SLA 1978; am Sec. 37 ch 143 SLA 1982; am Sec. 2 ch 168 SLA 1990; am Sec. 27 ch 79 SLA 1992; am Sec. 10 ch 30 SLA 1996; am Sec. 8 ch 90 SLA 2003; am Sec. 22 ch 2 SLA 2005; am Sec. 22 ch 43 SLA 2013; am Sec. 3 ch 56 SLA 2014)