Charliaga v. State

In Charliaga v. State, 157 P.3d 1053 (Alaska App. 2007) the Court held that at sentencing, the State can rely on hearsay allegations of a defendant's misconduct, unless the defendant takes the stand, denies the allegations, and submits to cross-examination regarding the matter. If the defendant does testify and deny the allegation, the State must support the allegation with testimony or prove that the hearsay declarant is not available to testify before the sentencing court can rely on the allegation. The State must also furnish information supporting the hearsay declarant's credibility.