DEEMER v. STATE
BILLIE RAE DEEMER, Appellant,
STATE OF ALASKA, Appellee.
No. 5828, Court of Appeals No. A-10646.
Court of Appeals of Alaska.
April 11, 2012.
Douglas H. Kossler, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and John J. Burns, Attorney General, Juneau, for the Appellee.
Before: Coats, Chief Judge, and Mannheimer and Bolger, Judges.
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law.MEMORANDUM OPINION
Billie Rae Deemer was convicted of controlled substance misconduct, two counts of weapons misconduct, and giving false information to a police officer. Her case was on appeal for quite some time; this Court ultimately issued two separate decisions before we affirmed all but one of Deemer's convictions: Deemer v. State (I), unpublished, 2009 WL 962822 (Alaska App., April 8, 2009), and Deemer v. State (II), 244 P.3d 69 (Alaska App. 2010).
While Deemer's appeal was pending, she asked the superior court to release her on bail, subject to electronic monitoring and also subject to the condition that she reside at Lydia House, a transitional living program for women who are leaving prison or leaving a residential treatment program.
The superior court approved Deemer's request. She was released from prison on December 7, 2007, and she resided at Lydia House until early May 2008 — when her conditions of release were again modified, this time allowing her to move to a private apartment.
Deemer later asked the superior court to award her credit against her sentence for the approximately five months she spent at Lydia House. The superior court denied this request, and Deemer now appeals.