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STATE v. FORTUNY

Nos. A-7801, A-7811.

42 P.3d 1147 (2002)

STATE of Alaska, Appellant, v. Brent FORTUNY, Appellee. Brent Fortuny, Cross-Appellant, v. State of Alaska, Cross-Appellee.

Court of Appeals of Alaska.

March 8, 2002.

Attorney(s) appearing for the Case

Kim S. Stone, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for the State of Alaska.

Darryl L. Thompson, Anchorage, for Brent Fortuny.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

Brent Fortuny drove while he was intoxicated and injured someone else. He ultimately pleaded no contest to third-degree assault (a class C felony) and misdemeanor driving while intoxicated.1 While awaiting sentencing, Fortuny spent four months at Genesis House, a residential alcoholism treatment facility. The question is whether Fortuny should receive credit against his sentence for some or all...

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