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Summerall v. State

CRIMINAL LAW
Court of Appeals of Alaska (2024)
Ryan Ciemny

In Summerall v. State, 553 P.3d 1255 (Alaska Ct. App. 2024), the court of appeals held that Alaska Statute § 12.55.090(c), as amended in 2019, applies to conduct, including new probation violations, that occurred on or after its effective date of July 9, 2019. (Id. at 1258–61). Summerall was convicted of first-degree assault for conduct that took place in 2008 and was released on probation in December 2016. (Id. at 1257). In December 2021, Summerall committed a probation violation that resulted in Summerall’s probation being revoked and his term of probation being extended from 5 years to 6 years. (Id.). Alaska Statute § 12.55.090(c) was amended three times Since Summerall committed the underlying offense: the 2007 law (which established a 10-year probation maximum); the 2016 law (which lowered the maximum to 5 years); and the 2019 law (which raised the maximum back to 10 years). (Id.). On appeal, Summerall argued that the extension of the probation was illegal because the maximum allowable probation term was 5 years under the 2016 law. (Id.). He argued that the 2016 law is applicable because it applies to probation ordered on or after the effective date of July 12, 2016 for offenses committed before, on, or after the effective date. (Id. at 1258). Because Summerall’s probation was ordered in January 2022 (after the effective date) and he committed the underlying offense in 2008 (before the effective date), he argued the 2016 law should apply. (Id.). In affirming the lower court’s decision, the court of appeals determined that the 2019 version was the applicable law and therefore, the extension of Summerall’s probation to 6 years was legal. (Id. at 1261). The relevant provision of the 2019 law states that the amendment would apply to probation ordered on or after the effective date of July 9, 2019 for conduct occurring on or after the effective date. (Id. at 1258). The court of appeals reasoned that the applicable section of the 2019 law has eleven separate subsections, some of which refer to “conduct” and some of which refer to “offense,” which indicates that these terms have distinct meanings. (Id. at 1259–60). It follows, the court reasoned, that the use of the term conduct was intentional and includes the act of violating probation rather than the commission of the underlying offense. (Id. at 1261). Therefore, because Summerall’s probation was ordered in January 2022 (after the effective date) and the conduct occurred in December 2021 (after the effective date), the 2019 law applies. (Id. at 1261–62). The court also reasoned that the legislative history indicates that the intent of the 2019 amendment was to repeal the 2016 version of the law and return the maximum probation period to 10 years. (Id. at 1261). Affirming the lower court’s decision, the court of appeals held that Alaska Statute § 12.55.090(c), as amended in 2019, applies to conduct that occurred on or after its effective date of July 9, 2019, which includes the act of violating probation. (Id. at 1258–61).

Summerall v. State

CRIMINAL LAW
Court of Appeals of Alaska (2024)
Ryan Ciemny

In Summerall v. State, 553 P.3d 1255 (Alaska Ct. App. 2024), the court of appeals held that Alaska Statute § 12.55.090(c), as amended in 2019, applies to conduct, including new probation violations, that occurred on or after its effective date of July 9, 2019. (Id. at 1258–61). Summerall was convicted of first-degree assault for conduct that took place in 2008 and was released on probation in December 2016. (Id. at 1257). In December 2021, Summerall committed a probation violation that resulted in Summerall’s probation being revoked and his term of probation being extended from 5 years to 6 years. (Id.). Alaska Statute § 12.55.090(c) was amended three times Since Summerall committed the underlying offense: the 2007 law (which established a 10-year probation maximum); the 2016 law (which lowered the maximum to 5 years); and the 2019 law (which raised the maximum back to 10 years). (Id.). On appeal, Summerall argued that the extension of the probation was illegal because the maximum allowable probation term was 5 years under the 2016 law. (Id.). He argued that the 2016 law is applicable because it applies to probation ordered on or after the effective date of July 12, 2016 for offenses committed before, on, or after the effective date. (Id. at 1258). Because Summerall’s probation was ordered in January 2022 (after the effective date) and he committed the underlying offense in 2008 (before the effective date), he argued the 2016 law should apply. (Id.). In affirming the lower court’s decision, the court of appeals determined that the 2019 version was the applicable law and therefore, the extension of Summerall’s probation to 6 years was legal. (Id. at 1261). The relevant provision of the 2019 law states that the amendment would apply to probation ordered on or after the effective date of July 9, 2019 for conduct occurring on or after the effective date. (Id. at 1258). The court of appeals reasoned that the applicable section of the 2019 law has eleven separate subsections, some of which refer to “conduct” and some of which refer to “offense,” which indicates that these terms have distinct meanings. (Id. at 1259–60). It follows, the court reasoned, that the use of the term conduct was intentional and includes the act of violating probation rather than the commission of the underlying offense. (Id. at 1261). Therefore, because Summerall’s probation was ordered in January 2022 (after the effective date) and the conduct occurred in December 2021 (after the effective date), the 2019 law applies. (Id. at 1261–62). The court also reasoned that the legislative history indicates that the intent of the 2019 amendment was to repeal the 2016 version of the law and return the maximum probation period to 10 years. (Id. at 1261). Affirming the lower court’s decision, the court of appeals held that Alaska Statute § 12.55.090(c), as amended in 2019, applies to conduct that occurred on or after its effective date of July 9, 2019, which includes the act of violating probation. (Id. at 1258–61).