Appeal from the Superior Court, Third Judicial District, Anchorage, Eric Smith, Judge. Trial Court No. 3AN-89-8353 CR.
John N. Page III, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.
Elizabeth T. Burke, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Michael C. Geraghty, Attorney General, Juneau, for the Appellee.
Before: Mannheimer, Chief Judge, and Allard and Kossler, Judges.
Walter Wayne Mantor appeals the superior court's probation revocation and imposition of his previously suspended sentence for first-degree sexual assault and first-degree assault. Mantor contends that the superior court should not have found him in violation of his probation because his probation had already expired when he committed the claimed violations. Mantor's contention rests on his assertion that his probation continued even while he was in prison for parole violations.
For the reasons that follow, we reject Mantor's assertion and affirm the superior court's order.
Facts and proceedings
In 1990, following a plea of no contest, Mantor was convicted of first-degree sexual assault and first-degree assault. The superior court sentenced Mantor to a composite sentence of 30 years' imprisonment, with 5 years suspended and " [f]ive years probation upon release." The court also ordered that Mantor's probation was to expire " five years from [his] date of release from incarceration."
In October of 2006, Mantor was released from prison on mandatory parole and concurrent probation.
In August of 2007, Mantor was returned to prison on a parole arrest warrant. Mantor's parole was subsequently revoked, and he remained in prison until August of 2009, when he was again released.
Mantor was arrested and incarcerated for another alleged parole violation in September of 2010. At ...