OPINION
Before BRYNER, C.J., and COATS and SINGLETON, JJ.
COATS, Judge.
James Heathcock pled guilty to a charge of forgery in the second degree, AS 11.46.-505(a)(1). He was charged with forging a check for $550. He appeared in front of Superior Court Judge Douglas J. Serdahely for sentencing. Although Heathcock had formerly been convicted of two prior felonies, burglary in a dwelling and issuing a check without funds, the state stipulated thát, for purposes of presumptive sentencing, Heathcock’s two prior felonies should [1156]*1156be viewed as a single prior conviction.1 In light of that stipulation, Judge Serdahely ruled that Heathcock would be sentenced as a second felony offender. Since forgery in the second degree is a class C felony, Heathcock thus faced a presumptive sentence of two years. AS 12.55.125(e)(1).
Since Heathcock filed no notice of any factors in mitigation, Judge Serdahely concluded that he had no authority to give a sentence of less than the two-year presumptive term. AS 12.55.125(e)(1). Judge Ser-dahely then concluded that “the two-year presumptive term is simply too much for the nature of the offense ...” and referred the case to the three-judge panel so that it could consider giving less than the presumptive sentence pursuant to its authority under the provisions of AS 12.55.165 and AS 12.55.175.2 Judge Serdahely explained that “[t]he most persuasive element in my conclusion ... is that the presumptive term of two years is just too much for a felony offense involving ... a $550 check .... ”
The three-judge panel heard Heathcock’s case on March 8,1982. After hearing argument, the panel concluded that manifest injustice would result if Heathcock did not receive a sentence greater than the two-year presumptive term. The three-judge panel emphasized Heathcock’s prior record, the fact that he was on probation at the time that he committed the instant offense and the fact that his probation had formerly been revoked on grounds which were independent from the instant charge. The three judge panel sentenced Heathcock to three years’ imprisonment and made that sentence consecutive to the sentence imposed in Heathcock’s former felony cases. One year of the three years was suspended on condition that Heathcock pay $550 restitution and that Heathcock abide by other usual conditions of probation.
Heathcock challenges his sentence on numerous grounds. Heathcock first contends that the three-judge panel did not have statutory authority to impose a sentence greater than the two-year presumptive sentence when Judge Serdahely referred the case to the three-judge panel on the ground that the two-year presumptive sentence was manifestly unjust because it was too severe. We agree with Heathcock, and accordingly vacate his sentence and order the case remanded back to the three-judge panel so that it may remand the case to Judge Serdahely. AS 12.55.175(b).
Under the former criminal code, sentencing authority rested primarily with the sentencing judge who would pass sentence within broad statutory limits. The legislative history of the revised criminal code shows that the legislature was concerned about the sentencing disparity that resulted from this system. Juneby v. State, 641 P.2d 823, 829-30 (Alaska App.1982), modified on rehearing, 665 P.2d 30 (Alaska App. 1983). A primary purpose of the revised criminal code was to attempt to eliminate unjustified disparity in sentencing by constructing a sentencing framework which provided for stricter statutory guidelines for sentences. AS 12.55.005. In general, except for particularly serious offenses, judges have considerable discretion in imposing sentences on first felony offenders under the revised code. However, for subsequent felony offenders, the statutes establish particular presumptive sentences which judges must impose on persons convicted of class A, B and C felonies.
There are only two ways in which a judge may avoid imposing the presumptive sentence. The first way is that the sentencing judge may increase or decrease a presumptive sentence within statutory limits based upon a finding of specific statutory aggravating or mitigating factors. AS 12.55.155. The second way is that the sentencing judge may find that manifest injustice [1157]*1157would result from following the strict statutory scheme, and he may then refer the case to the three-judge panel.
AS 12.55.165 provides:
Extraordinary circumstances. If the defendant is subject to sentencing under [the presumptive sentencing sections] of this chapter and the court finds by clear and convincing evidence that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of the presumptive term, whether or not adjusted for aggravating or mitigating factors, the court shall enter findings and conclusions and cause a record of the proceedings to be transmitted to a three-judge panel for sentencing under AS 12.55.175.
AS 12.55.175 provides in pertinent part:
(b) Upon receipt of a record of proceedings under AS 12.55.165, the three-judge panel shall consider all pertinent files, records, and transcripts, including the findings and conclusions of the judge who originally heard the matter. The panel may hear oral testimony to supplement the record before it. If the panel finds that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of the presumptive term, whether or not adjusted for aggravating or mitigating factors, it shall sentence the defendant in accordance with this section. If the panel does not find that manifest injustice would result, it shall remand the case to the sentencing court, with a written statement of its findings and conclusions, for sentencing under AS 12.55.125.
(c) The three-judge panel may in the interest of justice sentence the defendant to any definite term of imprisonment up to the maximum term provided for the offense or to any sentence authorized under AS 12.55.015.
The commentary to AS 12.55.175 provides in part:
If the three-judge panel agrees with the sentencing court and finds that manifest injustice would result from imposition of the presumptive term, it may sentence the defendant to any term of imprisonment, up to the maximum authorized for the offense, or may impose any other sentence authorized in § 12.55.005.
If the three-judge panel does not agree with the sentencing court’s finding, it is required to remand the case to the sentencing court with a written statement of its findings and conclusions for sentencing under § 12.55.125. The sentencing court must then sentence the defendant to the presumptive term, adjusted for any relevant aggravating or mitigating factors established under § 12.55.155.
(Emphasis added.)
We interpret these provisions of the code and the commentary as still retaining the primary control of the sentencing process in the hands of the individual sentencing judge, with restrictions placed upon him by the statutory sentencing provisions.
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OPINION
Before BRYNER, C.J., and COATS and SINGLETON, JJ.
COATS, Judge.
James Heathcock pled guilty to a charge of forgery in the second degree, AS 11.46.-505(a)(1). He was charged with forging a check for $550. He appeared in front of Superior Court Judge Douglas J. Serdahely for sentencing. Although Heathcock had formerly been convicted of two prior felonies, burglary in a dwelling and issuing a check without funds, the state stipulated thát, for purposes of presumptive sentencing, Heathcock’s two prior felonies should [1156]*1156be viewed as a single prior conviction.1 In light of that stipulation, Judge Serdahely ruled that Heathcock would be sentenced as a second felony offender. Since forgery in the second degree is a class C felony, Heathcock thus faced a presumptive sentence of two years. AS 12.55.125(e)(1).
Since Heathcock filed no notice of any factors in mitigation, Judge Serdahely concluded that he had no authority to give a sentence of less than the two-year presumptive term. AS 12.55.125(e)(1). Judge Ser-dahely then concluded that “the two-year presumptive term is simply too much for the nature of the offense ...” and referred the case to the three-judge panel so that it could consider giving less than the presumptive sentence pursuant to its authority under the provisions of AS 12.55.165 and AS 12.55.175.2 Judge Serdahely explained that “[t]he most persuasive element in my conclusion ... is that the presumptive term of two years is just too much for a felony offense involving ... a $550 check .... ”
The three-judge panel heard Heathcock’s case on March 8,1982. After hearing argument, the panel concluded that manifest injustice would result if Heathcock did not receive a sentence greater than the two-year presumptive term. The three-judge panel emphasized Heathcock’s prior record, the fact that he was on probation at the time that he committed the instant offense and the fact that his probation had formerly been revoked on grounds which were independent from the instant charge. The three judge panel sentenced Heathcock to three years’ imprisonment and made that sentence consecutive to the sentence imposed in Heathcock’s former felony cases. One year of the three years was suspended on condition that Heathcock pay $550 restitution and that Heathcock abide by other usual conditions of probation.
Heathcock challenges his sentence on numerous grounds. Heathcock first contends that the three-judge panel did not have statutory authority to impose a sentence greater than the two-year presumptive sentence when Judge Serdahely referred the case to the three-judge panel on the ground that the two-year presumptive sentence was manifestly unjust because it was too severe. We agree with Heathcock, and accordingly vacate his sentence and order the case remanded back to the three-judge panel so that it may remand the case to Judge Serdahely. AS 12.55.175(b).
Under the former criminal code, sentencing authority rested primarily with the sentencing judge who would pass sentence within broad statutory limits. The legislative history of the revised criminal code shows that the legislature was concerned about the sentencing disparity that resulted from this system. Juneby v. State, 641 P.2d 823, 829-30 (Alaska App.1982), modified on rehearing, 665 P.2d 30 (Alaska App. 1983). A primary purpose of the revised criminal code was to attempt to eliminate unjustified disparity in sentencing by constructing a sentencing framework which provided for stricter statutory guidelines for sentences. AS 12.55.005. In general, except for particularly serious offenses, judges have considerable discretion in imposing sentences on first felony offenders under the revised code. However, for subsequent felony offenders, the statutes establish particular presumptive sentences which judges must impose on persons convicted of class A, B and C felonies.
There are only two ways in which a judge may avoid imposing the presumptive sentence. The first way is that the sentencing judge may increase or decrease a presumptive sentence within statutory limits based upon a finding of specific statutory aggravating or mitigating factors. AS 12.55.155. The second way is that the sentencing judge may find that manifest injustice [1157]*1157would result from following the strict statutory scheme, and he may then refer the case to the three-judge panel.
AS 12.55.165 provides:
Extraordinary circumstances. If the defendant is subject to sentencing under [the presumptive sentencing sections] of this chapter and the court finds by clear and convincing evidence that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of the presumptive term, whether or not adjusted for aggravating or mitigating factors, the court shall enter findings and conclusions and cause a record of the proceedings to be transmitted to a three-judge panel for sentencing under AS 12.55.175.
AS 12.55.175 provides in pertinent part:
(b) Upon receipt of a record of proceedings under AS 12.55.165, the three-judge panel shall consider all pertinent files, records, and transcripts, including the findings and conclusions of the judge who originally heard the matter. The panel may hear oral testimony to supplement the record before it. If the panel finds that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or from imposition of the presumptive term, whether or not adjusted for aggravating or mitigating factors, it shall sentence the defendant in accordance with this section. If the panel does not find that manifest injustice would result, it shall remand the case to the sentencing court, with a written statement of its findings and conclusions, for sentencing under AS 12.55.125.
(c) The three-judge panel may in the interest of justice sentence the defendant to any definite term of imprisonment up to the maximum term provided for the offense or to any sentence authorized under AS 12.55.015.
The commentary to AS 12.55.175 provides in part:
If the three-judge panel agrees with the sentencing court and finds that manifest injustice would result from imposition of the presumptive term, it may sentence the defendant to any term of imprisonment, up to the maximum authorized for the offense, or may impose any other sentence authorized in § 12.55.005.
If the three-judge panel does not agree with the sentencing court’s finding, it is required to remand the case to the sentencing court with a written statement of its findings and conclusions for sentencing under § 12.55.125. The sentencing court must then sentence the defendant to the presumptive term, adjusted for any relevant aggravating or mitigating factors established under § 12.55.155.
(Emphasis added.)
We interpret these provisions of the code and the commentary as still retaining the primary control of the sentencing process in the hands of the individual sentencing judge, with restrictions placed upon him by the statutory sentencing provisions. The original sentencing judge determines whether aggravating and mitigating circumstances exist under AS 12.55.155 and the extent to which these factors will result in increasing or decreasing sentences. The original sentencing judge makes the determination that it is necessary to send the case to the three-judge panel to avoid manifest injustice, either because non-statutory aggravating or mitigating circumstances exist or because the presumptive sentence, even if adjusted for aggravating or mitigating circumstances, is inappropriate. AS 12.-55.165. We perceive the sentencing provisions of the revised code as setting up a system where the sentencing judge has the authority to adjust a presumptive sentence within a statutory scheme of specific statutory aggravating and mitigating factors. AS 12.55.155.
Before the judge may depart from that presumptive sentencing scheme, a panel of three different judges must agree with him that such a departure is necessary. The panel then decides the degree of departure in imposing the sentence. AS 12.55.175. This means that the departure from the presumptive sentencing scheme will not [1158]*1158turn on the evaluation of one judge. Rather, a departure from the presumptive sentencing scheme under the provisions of AS 12.55.165 and AS 12.55.175 will involve the decisions of four judges. First, the original trial judge makes the decision to refer the matter to the three-judge panel. Then the three-judge panel, if it agrees with the evaluation of the trial judge, imposes sentence.
This analysis appears to explain the language in the commentary, “[i]f the three-judge panel agrees with the sentencing court ... it may sentence the defendant .... ” It also explains the language in the commentary, “[i]f the three-judge panel does not agree with the sentencing court’s finding, it is required to remand the case to the sentencing court .... ” It also explains why the original sentencing judge sends his findings and conclusions to the sentencing panel. The panel then knows what the conclusions of the original sentencing judge were, and it can either agree or disagree with them. We note that the statute provides that in the event the three-judge panel disagrees with the original sentencing judge, the case is then remanded back to him to impose the presumptive term, adjusted for any aggravating or mitigating circumstances. If the legislature wanted to have sentencing by the three-judge panel, it could have had the three-judge panel impose sentence if the panel disagreed with the original sentencing judge. The fact that the matter is referred back to the original sentencing judge indicates that the legislature wanted the original sentencing judge to maintain control of the sentencing process.
We therefore conclude that when Judge Serdahely referred Heathcock’s case to the three-judge panel, its authority under AS 12.55.175 was to decide whether it agreed or disagreed with Judge Serdahely’s assessment that imposition of a two-year presumptive sentence on Heathcock was too severe and would lead to manifest injustice. If it agreed with Judge Serdahely that the two-year presumptive sentence was too severe, it then had the authority to reduce Heathcock’s sentence. Since it disagreed with Judge Serdahely’s conclusion that the two-year presumptive sentence was too severe, it was required to remand the case back to him for further proceedings. We therefore order Heathcock’s sentence vacated and remand this case back to the three-judge panel for it to remand the case back to Judge Serdahely. AS 12.55.175(b). Our disposition of this matter makes it unnecessary for us to address the other issues that Heathcock raises attacking his sentence in this appeal.
The sentence is VACATED and the case is REMANDED to the superior court for further proceedings.