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McKINLEY v. STATE

No. A-10009.

215 P.3d 378 (2009)

Bobby Lee McKINLEY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

September 11, 2009.

Attorney(s) appearing for the Case

David Reineke, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

Ann B. Black, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for the Appellee.

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

OPINION

BOLGER, Judge.

Bobby Lee McKinley argues that he should receive credit against his sentence of imprisonment for the time he spent in transitional housing while attending aftercare treatment at the Salvation Army Adult Rehabilitation Program. We conclude that, although McKinley was placed in residential treatment at the Salvation Army by a court order, his residence at the program for aftercare did not approximate incarceration because the...

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