Alaska Supreme Court

Jason D. Ray v. State of Alaska

July 22, 2022

Summary

The Alaska Supreme Court held that the version of AS 12.55.090(f) in effect from 2012 to 2016 eliminated a defendant’s ability to reject probation required by a Rule 11 plea agreement unless the prosecution agrees. The statute’s plain language bars a court from reducing the agreed probation period without mutual consent, and the legislative history did not overcome that meaning. The court remanded for further proceedings on the certified question.