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IN THE COURT OF APPEALS OF THE STATE OF ALASKA
MICHELLE L. GATES,
) Court of Appeals No. A-10032
) Trial Court No. 4FA-04-121 Cr
) O P I N I O N
STATE OF ALASKA,
) No. 2152 — March 21, 2008
Appeal from the Superior Court, Fourth Judicial District,
Fairbanks, Robert B. Downes, Judge.
Appearances: Tracey Wollenberg, Assistant Public Defender,
and Quinlan Steiner, Public Defender, Anchorage, for the
Appellant. Diane L. Wendlandt, 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 Stewart,
This case involves a defendant who is seeking credit against her sentence
for time that she spent in two residential treatment programs while on bail release prior
to her sentencing.
The first portion of this Nygren quotation is from Lock v. State, 609 P.2d 539, 545
This statute was enacted by SLA 2007, ch. 24, § 20, and it took effect July 1, 2007.
– 2 –
In Nygren v. State, 658 P.2d 141, 145-46 (Alaska App. 1983), this Court
held that a defendant is entitled to credit against their sentence for time spent in a
treatment program while on pre-sentencing bail release if that program imposes
“substantial restriction[s] on [the defendant’s] freedom of movement and behavior” that
“approximat[e] those experienced by one who is incarcerated”.
The defendant in the present case, Michelle Gates, participated