In Broeckel v. Statem, 900 P.2d 1205 (Alaska App. 1995) the Court found that the defendant was prejudiced when his attorney incompetently failed to file a notice of appeal. The Court explained that the prejudice occurs because the client is "deprived ... of the right to an appeal, not just the right to a successful appeal." The Court concluded that a defendant does not have to show that his appeal, had it been properly filed, would have been successful.