OPINION
Judge MAN NHEIMER
Alaska Criminal Rule 58 grants broad authority to trial court judges to relax the other Rules of Criminal Procedure; Rule 53 declares that the criminal rules may be re-lazed or dispensed with by the court in any case where it shall be manifest to the court that a strict adherence to them will work injustice. The question presented in this appeal is whether a trial court can employ Criminal Rule 53 to relax the 90-day filing deadline specified in Criminal Rule 82.6(c)(2) for restitution requests that are to be litigated after the defendants sentencing.
The defendant in this case, Christopher J. ODell, was convicted of theft, and he was sentenced to pay restitution to his victims in an amount to be determined later. Under these cireumstances, Criminal Rule 32.6(c)(2) gave the State 90 days to file a proposed restitution order that specified (and justified) the amount of restitution, and that identified the persons who should receive it.
When the State filed the proposed restitution prder seven months late, ODell asked the superior court to deny the States request as untimely. But the superior court invoked Crlmmal Rule 53 to relax the filing deadline and grant the proposed restitution. The court concluded that the 90-day time limit should be relaxed under Rule 58 because it would be manifestly unjust to deny recovery to ODells victims, given that ODell did not claim that he was preJudleed by the States delay.
In this appeal, ODell contends that the superior court committed error when the court relied on Criminal Rule 58 to relax the filing deadline specified in Criminal Rule 32.6(c)(2). Indeed, ODell essentially argues that Criminal Rule 58 can never be employed to relax any deadline specified in the Criminal Rules.
ODell notes that another rule, Criminal Rule 40(b), specifically addresses a courts authority to extend a time limit or to ratify an untimely act in situations where an act is required or allowed to be done at or within a specified time by a provision of the Criminal Rules, ODell argues that, because Criminal Rule 40(b) directly addresses these situations, it is unlawful for a court to employ Criminal Rule 58 (ie, a rule of broader application) to relax a filing deadline specified in the Criminal Rules,
This argument is raised for the first time on appeal. Thus, to prevail, ODell must show that no reasonable judge could have thought that the law allowed the judge to relax the States filing deadline under Criminal Rule 58.
For the reasons explained in this opinion, ODell has not shown this. We therefore reject ODells claim that Criminal Rule 58 has no application to the filing deadline specified in Criminal Rule 82.6(c)(2).
We also reject ODells alternative argument that he was prejudiced by the States late filing because he had come to believe (during the months of delay) that even if the State ultimately filed a tardy restitution request, the superior court would deny the request because it was untimely.
Underlying facts
Christopher ODell pleaded no contest to two counts of second-degree theft (for stealing property from a residence while a friend of his was house-sitting there) and one count of third-degree weapons misconduct (for being a felon in possession of a concealable firearm-because there were four handguns among the stolen items).
At ODells sentencing hearing in mid-December 2012, his attorney told the superior court that ODell wanted to take responsibility for his offenses, and that ODell was willing to accept any sentence the court imposed. A little later, when ODell personally addressed the court during his allocution, ODell declared that even though he was only one member of the group that stole the items from the residence, (hed be willing to repay the entirety of the restitution owed to [the victims] i#f ... that would help make them forgive [him] ODell also told the court that he [would] be willing to do whatever it takes to prove that he was not the kind of person that his criminal conduct indicated he was.
The superior court sentenced ODell to a term of imprisonment and also ordered him to pay restitution in an amount to be set later.
This latter portion of ODells sentence triggered the provisions of Alaska Criminal Rule 82.6(c)(2). This rule governs situations where either the amount of the restitution or the proper recipients of the restitution are not known to the court at the time of sentencing-meaning that the final restitution order can not be entered until after sentencing. Under this rule, the prosecutor has 90 days to file a proposed restitution judgement that specifies the identity of the persons who should receive restitution, and that explains (and documents) the amount they should receive.
Because ODells sentencing took place in mid-December 2012, the 90-day time limit in Rule 82.6(c)(2) gave the prosecutor until mid-March 2018 to file the proposed restitution judgement. But the State did not file the proposed judgement until October 7th.
Because the States proposed judgement was almost seven months late, and because (ODell had apparently changed his mind about what he said at the sentencing hearing, ODell urged the superior court to deny the requested restitution in its entirety. - _-
In response, the State attempted to explain its delay by pointing out that the case against one of ODells accomplices was not resolved until June 2013, and that the victims did not provide the State with the full information needed to support their restitution claim until August. The State also asked the superior court either to relax the filing deadline under Criminal Rule 40(b) because of the States excusable neglect or, alternatively, to invoke Criminal Rule 58 to relieve the State of its default because it would be manifestly unjust to enforce the deadline.
In ODells reply to the States pleading, he argued that the State had failed to show excusable neglect, and he also argued that enforcing the filing deadhne would not be manifestly unjust.
The superior court fuled that the filing deadline should be relaxed under Criminal Rule 58. In its written decision, the court expressed concern that the State was repeatedly failing to honor the 90-day time limit established in Criminal Rule 82.6(c)(2). The court also noted that it had recently sustained a defendants objection to a late filing in a different case.
However, the court relaxed the deadlme and granted the proposed restitution in ODells case, The court concluded that the time limit should be relaxed under Criminal Rule 58 because it would be manifestly unjust to deny recovery to ODells victims, given that ODell did not claim that he was prejudiced by the States delay.
ODell now appeals the superior courts decision,
ODells argument that Criminal Rule 53 can mever be employed to relax a filing deadline if Criminal Rule 40(b) applies
ODells primary argument on appeal is that the superior court committed legal error by invoking Criminal Rule 53 as. the courts authority for relaxing the filing deadline set by Criminal Rule 82.6(c)(2).
ODell notes that Criminal Rule 40(b) specifically addresses the issue of when, and whether, a court should relax a filing deadline specified in the Criminal Rules. ODell then notes that there is a canon of statutory construction that, when there is a statute or rule that specifically addresses a subjéct, the provisions of that specific statute or rule should be interpreted as taking precedence over the provisions of a more general statute or rule that also covers that subject.
Relying on this canon of statutory construction, ODell argues that the more stringent provisions of Criminal Rule 40(b) must take precedence over the provisions of Criminal Rule 58-even when a court concludes that a strict application of Criminal Rule 40(b) will lead to manifest injustice.
If we were writing on a blank slate, ODells argument might be plausible. But we are not. The Alaska Supreme Court has already addressed this issue. In Thomas v. State, 566 P.2d 630, 638-39 (Alaska 1977), the supreme court held that Criminal Rule 58 authorizes trial courts to relax time limits in instances of manifest injustice even when the relaxation would not be allowed under Criminal Rule 40(b).
The specific question presented in Thomas was whether the superior court could invoke Criminal Rule 53 to relax the 60-day time limit established for motions to modify a sentence under a former version of Criminal Rule 35(a). The State, in opposing the defendants late-filed motion to modify, made the very same argument that ODell is making here: that Criminal Rule 40(b) expressly addresses the subject of relaxing filing deadlines, so the provisions of Rule 40(b) must take precedence over the more general authority grarited by Criminal Rule 58:
The state takes the position that the prohibitions on enlargement of time for a Rule 35(a) motion contained in Criminal Rule 40(b) supersede the provisions of Criminal Rule 53, since Criminal Rule 58 is a general provision and Criminal Rule 40(b) refers specifically to Rule 35 as to any possible exceptions. to the prohibition on enlargement of time under Rule 85(a).
And here is how the supreme court answered the States argument:
We ... take this occasion to reiterate our holding that Criminal Rule 58 is applicable to Rule 35(a) motions. More specifically, we hold that where a showing of injustice has been made under Rule 53, the 60-day time limitation contained in Rule 85(a) for bmngmg a motion to reduce a sentence may be dispensed with or relaxed. Rule 58 is intended to apply to any of Alaskas Criminal Rules in order to insure that strict adherence to one or more of our Criminal Rules of Procedure will mot result in mamfest injustice to any B :
Thomas, 566 P.2d at 638-39 (emphasns added).
* In his brief to thls Court, ODell acknowledges that the supreme courts decision in Thomas appears to reject his argument. But ODell contends that Thomas is distinguishable from his case.
ODell notes that Thomas involved. the relaxation of a time limit established by former Criminal Rule 85(a)-an issue on which there was already case law (Jones v. State, 548 P.2d 958 (Alaska 1976))-while ODells case involves the relaxation of a time limit established by a different rule, Criminal Rule 82.6(c)(2).
There is no binding precedent directly addressing the application of Criminal Rule 53 to the time limit for restitution requests codified in Rule 32.6(c)(2). But ODell argues that this Courts unpublished opinion in Osborne v. State, 2014 WL 3408410 (Alaska App.2014), supports his position that Rule 58 can not be applied to relax the deadline specified in Rule 32.6(c)(2).
(Although Osborne is a memorandum opinion, and is. therefore not binding precedent, ODell is allowed to rely on Osborne for its persuasive value. See McCoy v. State (opinion on rehearing), 80 P.3d 757, 764 (Alaska App.2002), and Alaska Appellate Rule 214(d)(1).)
In Osborne, the superior court relied on Criminal Rule 53 to relax the States filing deadline for a restitution request. We noted that the superior court exeused the States late filing in the interest of justice under Criminal Rule 53, but we noted that the rule that directly governs this situation is Criminal Rule 40. 2014 WL 3408410 at *2. We went on to conclude that, under the facts, the States late filing was excusable under the provisions of Criminal Rule 40(b)(2). Ibid.
ODell argues that Osborne stands for the proposition he is advancing. in this appeal-that Criminal Rule 58. can not be used to relax a filing deadline if Criminal Rule 40(b)(2) applies. But ODell reads Osborne too broadly. >
Osborne supports the proposition that a trial court should not rely on Criminal Rule 58 to relax a filing deadline if that same result can be reached under the provisions of the more specific rule, Criminal Rule 40. Because the States tardiness in Osborne was excusable under Criminal Rule 40, there was no need for this Court to reach the question we now confront in ODells case: whether Criminal Rule 58 is available if a late filing is not excusable under Criminal Rule 40.
The supreme courts decision in Thomas expressly states that Criminal Rule 58 is intended to apply to any of Alaskas Criminal Rules in order to insure that strict adherence to [those rules] will not result in manifest injustice. Thomas, 566 P.2d at 639 (emphasis added). We therefore conclude that the superior court did not commit plain error in ODells case when it invoked Criminal Rule 58 as its authority for relaxing the 90-day filing deadline set by Criminal Rule 82.6(c)(2).
ODells argument that he was prejudiced by the States delay in filing the restitution request
As an alternative argument, ODell asserts that he was prejudiced by the States delay in filing the restitution request.
However, ODell does not assert that he was prejudiced in the sense that the States delay hampered his ability to dispute the specifics of the restitution claim, or in the sense that he disposed of his income or assets in detrimental reliance on the fact that the State had apparently decided not to press for restitution.
Rather, ODells claim of prejudice is based on the fact that ODells attorney falsely raised his hopes that he would not have to pay restitution after all (ODells attorney apparently told him, mistakenly, that the States long delay in filing the restitution request meant that the State would be barred from seeking restitution.) In such cireumstances, ODell asserts, having to pay the [restitution] judgment is itself prejudicial, .
ODell made this same argument to the superior court-that his thwarted expectation of escaping restitution altogether constituted prejudice. But the superior court apparently rejected ODells legal characterization of the situation, because the superior courts order states that ODell failed to show any prejudice.
We agree with the superior court that ODells false hopes regarding this matter, and ODells subsequent disappointment when the court accepted the States tardy restitution request, do not constitute legally cognizable prejudice for these purposes.
A final note on potential methods for enforcing the 90-doy deadline codified in Criminal Rule 32.6(c)(@2)
There are good reasons why Criminal Rule 82.6(c)(2) specifies a filing deadline for restitution requests, and there are good reasons why this deadline should be enforced.
This deadline imposes a duty on prosecutors, so that a erime victims right to restitution does not go unattended. But the deadline also exists for the courts benefit as well-because, until the State files its proposed restitution order and supporting documentation, and until the proposed restitution is litigated, the courts judgement will not be final in all respects.
But as ODell points out in his brief, there is currently no effective mechanism for enforcing this deadline,. We agree with ODell that it is unfair to require the defendant to police this deadline by warning the court, or seeking the courts intervention, when the filing deadline is on the brink of expiring. Although timely resolution of restitution may also benefit the defendant, the primary beneficiary is the crime viectim-and, thus, the primary responsibility for meeting the filing deadline falls on the prosecutor.
The prosecutor bears this responsibility because restitution presents an unusual situation-a situation where, by statute and rule, the prosecutors office represents the interests of private third-parties (%.e, crime victims). One might hope that crime victims could rely on the prosecutors office to faithfully perform this role. But crime victims have limited leverage when the process breaks down.
One approach courts m1gh’c take would be to have someone in the Court System-for example, the clerks office, or the judges judicial assistants-keep track of the number of days elapsed since the original entry of judgement in all cases where the amount of restitution is left unresolved. The sentencing judge could then be alerted if the deadline in a particular case was approachmg and no proposed restitution order had been received-so that the judge could take action to elicit the restitution proposal from the State (or a motion to extend the deadline) in a timely fashion.
Conclusion
The judgement of the superior court is AFFIRMED.
. AS 11.46.130(a).
. AS 11.61.200(a)(1).
. Alaska Criminal Rule 40(b)(2) states that a court may, upon motion, permit [an] act to be done after the expiration of the specified period [for doing it] if the [partys] failure to act was the result of excusable neglect. (Rule 40(b) lists certain deadlines that can not be extended under the rule, but none of them are pertinent here.)
. See Smith v. State, 229 P.3d 221, 226 & n. 3 (Alaska App.2010).
. AS 12.55.045.
. - Alaska Criminal Rules 32 1(g) and 32.6.
, We note that the legislature has expressly ex-_empted the prosecutors office from civil liability for failing to enforce a judgement of restitution, See AS 12.55.051().