Opinion
Court of Appeals No. A-10071.
July 30, 2008.
Appeal from the Superior Court, Third Judicial District, Naknek, Eric A. Aarseth, Judge, Trial Court No. 3NA-03-26 Cr.
Carolyn Perkins, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant. John Skidmore, Assistant District Attorney, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for the Appellee.
Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges.
MEMORANDUM OPINION AND JUDGMENT
Timothy N. Enright was convicted by a jury of third-degree assault. The superior court imposed a sentence of 24 months with 21 months suspended and placed Enright on supervised probation for 3 years. After Enright was released to probationary supervision, he violated his probation conditions several times: Enright did not report to his probation officer after he was released; Enright consumed alcohol on three different occasions; Enright entered a business where alcohol was served; and Enright committed a new offense of driving while under the influence. At disposition, Superior Court Judge Eric A. Aarseth imposed the balance of Enright's suspended imprisonment. Thus, Enright received a 24-month sentence.
AS 11.41.220(a)(1)(A).
Citing McClain v. State, Enright appeals, attacking Judge Aarseth's exercise of sentencing discretion to impose the balance of Enright's suspended imprisonment. Enright summarizes his argument by asserting that Judge Aarseth "should have given more weight to rehabilitation when considering the sentencing factors set out in State v. Chaney, 477 P.2d 441 (Alaska 1970)."
519 P.2d 811, 813-14 (Alaska 1974) (holding that an appellate court is to affirm a sentence unless the sentencing court's decision is clearly mistaken).
In response, the State contends that this court has no jurisdiction to decide Enright's case. We agree. Because Enright received a 24-month sentence, he has no right to appeal his sentence to this court. Accordingly, we DISMISS Enright's sentence appeal and REFER Enright's case to the supreme court as a petition for sentence review under Appellate Rule 215(a)(5).
See AS 12.55.120(a) and Appellate Rule 215(a)(1) (The court of appeals has jurisdiction of excessive sentencing appeals when a felony sentence exceeds two years).