Garland v. State

I write separately to more fully explain my analysis of the legal issues presented in this appeal. These issues concern the relationship between Alaska Criminal Rule 32.1(d), Alaska Criminal Rule 32.1(F), and this Court's decisions in Evans v. State, 23 P.3d 650 (Alaska App.2001), and Hamilton v. State, 771 P.2d 1358 (Alaska App.1989)-decisions which hold that a sentencing judge can rely on verified hearsay information contained in the pre-sentence report for proof of the matters asserted, unless the defendant offers a testimonial denial of that information and submits to cross-examination.1

Ga…