STEVE PETE v. STATE OF ALASKA (2025)

Order

On consideration of the Petition for Hearing filed on March 5, 2025, and the response filed on April 4, 2025,

It Is Ordered:

The Petition for Hearing is Granted. The court of appeals’ order dated February 14, 2025, denying the petition for review is Vacated. As in the case of a defendant's pretrial motion to dismiss on double jeopardy grounds,¹ we conclude that in all but patently unmeritorious cases, the court of appeals should grant and decide petitions seeking review of a trial court's rejection of a plea agreement. The case is therefore Remanded to the court of appeals with directions to either grant the petition for review and decide the merits of the claim that the plea agreement was improperly rejected or, based on an express determination that the claim is patently unmeritorious, deny the petition for review.

Entered at the direction of the court.

Clerk of the Appellate Courts

Meredith Montgomery

Distribution:

Schwaiger, Michael T.

Wendlandt, Diane

FOOTNOTES

1.   See Tritt v. State, 134 P.3d 364, 365-66 (Alaska App. 2006) (applying rule from and providing text of unpublished order in Artemie v. State, No. S-12026 (Alaska Supreme Court Order, Dec. 15, 2005)).