VALENCIA v. STATE

No. A-8527.

91 P.3d 983 (2004)

Gilbert Henry VALENCIA, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 28, 2004.


Attorney(s) appearing for the Case

James Ottinger, Assistant Public Defender, Kenai, and Barbara K. Brink, Public Defender, Anchorage, for the Appellant.

Dean J. Guaneli, Chief Assistant Attorney General, and Gregg D. Renkes, Attorney General, Juneau, for the Appellee.

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


OPINION

STEWART, Judge.

In December 2002, the superior court revoked Gilbert Henry Valencia's probation in case number 3KN-93-172 CR and sentenced Valencia to jail. The superior court acknowledged that, under our decision in Nygren v. State,1 Valencia should receive credit against his sentence for the 437 days that he had previously spent in a court-ordered residential alcohol treatment program. However, Valencia...

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