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Isadore v. State (6/17/2016) ap-2503

Isadore v. State (6/17/2016) ap-2503

                                                                                             NOTICE
  

                The text            of   this opinion can be corrected before the opinion is published in the                                              

                Pacific Reporter                   .   Readers are encouraged to bring typographical or other formal                                               

                errors to the attention of the Clerk of the Appellate Courts:    



                                                            303 K Street, Anchorage, Alaska  99501  

                                                                                Fax:  (907) 264-0878  

                                                                  E-mail:  corrections@ akcourts.us  



                                  IN THE COURT OF APPEALS OF THE STATE OF ALASKA                                                                      



JUSTIN  PATRICK  ISADORE,  

                                                                                                                                                                         

                                                                                                                        Court of Appeals No. A-12537  

                                                                                                                                                                                        

                                                               Petitioner,                                            Trial Court No. 3KO-16-042 CR  



                                               v.  

                                                                                                                                        O  P  I  N  I  O  N  

                                                                                                                                                                          

STATE  OF  ALASKA,  



                                                               Respondent.                                                  No. 2503 - June 17, 2016  

                                                                                                                                                                               



                                Petition for  Review from the  Superior  Court,  Third Judicial  

                                                    

                                                                                                                                                           

                                District, Kodiak, Steve W. Cole, Judge.  

                                                                                                          



                                Appearances:  Emily Jura, Assistant Public Defender, Kodiak,  

                                                                                                                                                            

                                and  Quinlan  Steiner,  Public  Defender,  Anchorage,  for  the  

                                                                                                                                                                     

                                Petitioner.  Stephen B. Wallace, District Attorney, Kodiak, and  

                                                                                                                                                                      

                                Craig           W.          Richards,                 Attorney                General,                Juneau,              for         the  

                                                                                                                                                                    

                                Respondent.  

                                                             



                                Before:  Mannheimer, Chief Judge, and Allard, Judge.  

                                                                                                                                                         



                                Judge MANNHEIMER.  

                                              



                                Justin Patrick Isadore challenges the conditions of his bail.                                                                                  Isadore   has  



satisfied his bail conditions, and he has been released from custody, but he argues that                                                                                                           



the amount of monetary bail imposed by the superior court is excessive.                                                                                                    


----------------------- Page 2-----------------------

                                                                                                                                    

                     Although Isadore has designated this case as an "appeal", it is  instead a  



                                

petition for review.  



                                                                                                                                    

                     Bail orders are interlocutory orders,  not final orders.                             And  normally,  a  



                                                                                                                                

litigant has no right to "appeal" an interlocutory order - that is, no right to require that  



                                                                                                                       

an  appellate  court  review  the  challenged  order.                             Instead,  under  Alaska  Appellate  



                                                                                                                             

Rule 402,  a litigant may petition  an appellate court to review an interlocutory order  



                                                                                                                                  

issued by a lower court - but the appellate court may,  in its discretion,  decline to  



                                              

exercise its power of review.  



                                                                                                                              

                     (We discussed this point of law in Rozkydal v. State, 938 P.2d 1091, 1094  



                                                                                                                               

(Alaska App.  1997),  and again most  recently in Mund v.  State,  325 P.3d 535,  540  



                      

(Alaska App. 2014).)  



                                                                                                                                   

                     Sometimes the legislature will enact a statute that grants litigants a right of  



                                                                                                                          

appeal with respect to particular non-final orders.   The bail appeal statute, AS 12.30.- 



                                                                                                                             

030(a),  is  such a statute:  it grants defendants the right to appeal a trial court's order  



                                                                                                                           

setting their bail conditions.  But this right of appeal is limited to defendants who remain  



                                                            

in custody following the lower court's decision:  



                       

                                                                                                       

                               Appeal from conditions of release .   ...   If a person  

                                                                                                              

                     remains in custody  after [the bail] review provided for in  

                                                                                                         

                     AS 12.30.006(c) or (d), an appeal may be taken to the court  

                                                                                                            

                     having  appellate  jurisdiction  over  the  court  imposing  the  

                              

                     [bail] conditions.  



                  

(Emphasis added)  



                                                                                                                                 

                     Isadore has been released from custody, so he is not entitled to appeal his  



                                                                                                                      

bail conditions.  That is, he is not entitled to demand that this Court review the conditions  



                  

of his bail.  



                                                               - 2 -                                                          2503
  


----------------------- Page 3-----------------------

                                               Nevertheless, Isadore is entitled to petition this Court to                                                                                                                                             review the trial                          



court's bail decision.                                                     In  State v. Browder                                                    , 486 P.2d 925, 929-931 (Alaska 1971), the                                                                                                     



supreme court held that                                                                 when   a   litigant wishes to raise an issue that lies within an                                                                                                                                            



appellate court's jurisdiction, but the litigant has no right of appeal, the litigant can still                                                                                                                                                                                                  



pursue a petition for review.                                                                         Thus, Isadore may petition this Court to review his bail                                                                                                                                   



conditions - a review that this Court may, in its discretion, deny.  

                                                                                                                                                                                                                                        



                                               This Court has reviewed Isadore's petition and the State's response.                                                                                                                                                                    Based  



on our review of those pleadings, Isadore's petition for bail review is DENIED.  

                                                                                                                                                                                                                                                 



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