Legal Opinion
Surrells v. State
Court of Appeals of Alaska
Decided December 8, 2006No. A-9458PublishedCited by 4 opinions
1Opinion of the Court
OPINION
MANNHEIMER, Judge.
This appeal raises the issue of whether the Sixth Amendment right to jury trial recognized in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), limits the superior court’s authority to revoke the probation of a first felony offender who was sentenced, not under Alaska’s presumptive sentencing law, but rather under former AS 12.55.125(k)(2).
Under Alaska’s pre-March 2005 sentencing laws, first felony offenders convicted of class B and class C felonies were not subject to presumptive sentencing. Instead, their sentencing was governed by AS…
2Cases cited32 opinions
- Blakely v. WashingtonSupreme Court of the United States · 2004
- United States v. DiFrancescoSupreme Court of the United States · 1980
- State v. ChaneyAlaska Supreme Court · 1970
- Austin v. StateCourt of Appeals of Alaska · 1981
- Juneby v. StateCourt of Appeals of Alaska · 1982
27 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. HenryCourt of Appeals of Alaska · 2010
- Byford v. StateCourt of Appeals of Alaska · 2015
- Oyoumick v. StateCourt of Appeals of Alaska · 2008
- State v. HenryCourt of Appeals of Alaska · 2010