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STATE v. CROSBY

No. A-2334.

770 P.2d 1154 (1989)

STATE of Alaska, Appellant, v. Kemo T. CROSBY, Appellee.

Court of Appeals of Alaska.

March 24, 1989.

Attorney(s) appearing for the Case

John A. Scukanec, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Grace Berg Schaible, Atty. Gen., Juneau, for appellant.

Lisa M. Fitzpatrick, Asst. Public Defender, and Dana Fabe, Public Defender, Anchorage, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

BRYNER, Chief Judge.

This appeal requires us to determine whether a furloughed prisoner who walks away from a residential drug treatment program may be charged with escape from a correctional facility. We conclude that such a charge is improper.

Kemo T. Crosby was imprisoned after being convicted for various drug-related felonies. The Department of Corrections eventually placed Crosby on furlough to Akeela House, a residential drug treatment...

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