Alaska Supreme Court
David F. Stone, Petitioner v. State of Alaska, Respondent
July 1, 20112011 Alas. LEXIS 56
Summary
The court held that a defendant has a federal constitutional right to appointed counsel for a first-tier petition seeking discretionary review of a sentence imposed under a plea agreement. When the defendant requests such review and does not waive that right, counsel must file the petition, even if counsel believes the sentencing claim lacks merit; counsel may instead seek withdrawal under the applicable frivolous-appeal procedures. The court granted Stone leave to file a discretionary sentence-review petition within 30 days.