Bossie v. State

In Bossie v. State, 835 P.2d 1257 (Alaska App. 1992) the Court construed this statutory provision to mean that a case should be referred to the three-judge panel if: "(1) a non-statutory factor has been proved, and (2) it would be manifestly unjust to fail to adjust the presumptive term by some amount, no matter how small, on account of this non-statutory factor." Stated another way, if the court has found a non-statutory mitigating factor, and the court finds that a sentence less than the full presumptive term would satisfy the sentencing criteria, the court should refer the case to the three-judge sentencing panel. (See id. at 1258-59.)