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George v. State

Court of Appeals of Alaska

August 2, 2013

David P. GEORGE, Appellant,
v.
STATE of Alaska, Appellee. Duwaine E. Price, Appellant,
v.
State of Alaska, Appellee.

Page 5

Douglas O. Moody, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellants.

John K. Bodick, Assistant Attorney General, Anchorage, and Michael C. Geraghty, Attorney General, Juneau, for the Appellee.

Page 6

Before: MANNHEIMER, Chief Judge, ALLARD, Judge and BOLGER, Supreme Court Justice.[*]

OPINION

ALLARD Judge.

David P. George and Duwaine E. Price separately appeal from the superior court's denial of good time credit for time they spent at a halfway house as a condition of probation. We consolidated these appeals to decide whether AS 33.20.010, the statute governing " good time credit," applies to time that a probationer spends at a halfway house under a condition of probation. For the reasons set out below, we find that it does not, and we affirm the judgments of the superior courts.

Facts and procedural posture

In April 2007, David George pleaded guilty to misconduct involving a controlled substance in the third degree.[1] He was sentenced to 3 years incarceration, with 18 months suspended and 3 years of probation.

After George violated the conditions of his probation, the superior court modified his probation conditions to include up to 45 days of in-patient residential treatment and up to 6 months placement at a halfway house. George completed a residential treatment program at the Bill Brady Healing Center and was placed at Glacier Manor, a halfway house, before and after the treatment program.

George subsequently violated the conditions of his probation a second time, and the superior court then modified his conditions to permit placement at a halfway house for up to one year. George was later placed at Glacier Manor for approximately one month.

After finding that George had violated the conditions of his probation a third time, the court revoked George's probation and imposed the remainder of his suspended time (approximately 15 months). The court gave George day-for-day credit for the time spent as a condition of probation at the Bill Brady Healing Center and Glacier Manor, but did not give him good time credit.

George filed a post-conviction relief application requesting good time credit under AS 33.20.010(a) for the time spent at Glacier Manor. The State filed a motion for summary disposition, arguing that George was not entitled to good time credit under this statute because he was a probationer residing at the halfway house as a condition of probation, not a " prisoner" serving a term of imprisonment at a correctional facility. After holding an evidentiary hearing, the superior court agreed with the State's interpretation of the statute and denied the application for post-conviction relief.

In August 2001, Duwaine Price pleaded guilty to driving while intoxicated, [2] and failure to stop at the direction of a peace officer.[3] He was sentenced to 300 days with 240 days suspended for the driving while intoxicated, ...


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