IN THE SUPREME COURT OF THE STATE OF ALASKA

                       ORDER NO.   1316   

                                       Amending Appellate Rule 215(a)
                                       concerning appellate review of
                                       sentence.

IT IS ORDERED:

              Paragraph (a) of Appellate Rule 215 is amended to read:
                   
                   (a)  Appellate Review of Sentence.

                   (1)  Right to Appeal. A defendant may
appeal an unsuspended sentence of imprisonment that exceeds two
years for a felony offense or 120 days for a misdemeanor offense on
the ground that the sentence is excessive, unless the sentence was
imposed in accordance with a plea agreement that provided for
imposition of a specific sentence or a sentence equal to or less
than a specified maximum sentence.  If a sentence is imposed in
accordance with a plea agreement that provides for a minimum
sentence, a defendant may appeal as excessive only the part of the
sentence that exceeds the minimum sentence by more than two years
for a felony offense or 120 days for a misdemeanor offense. The
prosecuting authority may appeal a sentence of any length on the
grounds that the sentence is too lenient. An appeal under this
subparagraph must be taken to the court of appeals.

                   (2)  Right to Seek Discretionary Review.
A defendant may seek discretionary review of an unsuspended
sentence of imprisonment which is not appealable under subparagraph
(a)(1) by filing a petition for review in the supreme court under
Appellate Rule 402.



DATED:          March 5, 1998         

EFFECTIVE DATE:     July 15, 1998     



                                       ______________________________
                                       Chief Justice Matthews


                                       ______________________________
                                       Justice Compton


                                       ______________________________
                                       Justice Eastaugh


                                       ______________________________
                                       Justice Fabe
         

                                       ______________________________
                                       Justice Bryner