255 P.3d 979
Alaska2011Background
- Stone was charged with manslaughter, two counts of assault, and DUI, plus probation-revocation petitions.
- He pled no contest to four charges and PTRs under a plea agreement, with a composite sentence cap of 5–12 years.
- The superior court sentenced him to 13 years with 4 suspended and 350 days for PTRs (9 years 350 days remaining).
- Stone sought appellate relief and Blakely-based concerns; counsel advised no appeal due to the plea cap.
- Stone later argued ineffective assistance for failing to contest or appeal the sentence, and challenged the merger and excessiveness.
- The Alaska Supreme Court held a defendant has a federal right to counsel for first-tier discretionary sentence review under Appellate Rule 215(a)(5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to counsel for first-tier discretionary sentence review under the federal Constitution. | Stone argues federal right to counsel requires filing the petition. | State argues no right to counsel for discretionary review; counsel decides actions. | Yes; Stone has counsel right and petition must be filed. |
Key Cases Cited
- Halbert v. Michigan, 545 U.S. 605 (U.S. 2005) (right to counsel for first-tier appellate review)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (guidance on when counsel may withdraw for frivolous issues)
- Risher v. State, 523 P.2d 421 (Alaska 1974) (standard for ineffective assistance of counsel in appellate decisions)
- Diaz v. State, Dep't of Corr., 239 P.3d 723 (Alaska 2010) (constitutional right to counsel and appellate review context)
- Jones v. Barnes, 463 U.S. 745 (U.S. 1983) (counsel's strategic choice on issues on appeal)
- Cameron v. Hughes, 825 P.2d 882 (Alaska 1992) (statutory interpretation and de novo review of appellate rules)