State v. Mekiana

OPINION

MOORE, Justice.

Alaska Statute 12.55.085(e) 1 authorizes a sentencing court to set aside the conviction of a defendant who completes probation following a suspended imposition of sentence. This case presents the narrow question of what remedy is appropriate when a defendant is not afforded notice and an opportunity to be heard on the set-aside issue. The court of appeals held that where a defendant is discharged from probation and denied a set-aside without prior notice and a hearing, the defendant’s conviction must be deemed set aside. Mekia-na v. State, 707 P.2d 918 (Alaska App.…