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IN THE COURT OF APPEALS OF THE STATE OF ALASKA
CHESTER L. LOVE,
) Court of Appeals No. A-9136
) Trial Court No. 3AN-02-6197 CR
) O P I N I O N
STATE OF ALASKA,
) [No. 2136 - December 28, 2007]
Appeal from the Superior Court, Third Judicial District,
Anchorage, Larry D. Card, Judge.
Appearances: Dan S. Bair, Assistant Public Advocate, Chad W.
Holt, Section Supervising Attorney, Anchorage Adult and
Juvenile Section, and Joshua P. Fink, Public Advocate,
Anchorage, for the Appellant. Terisia Chleborad, Assistant
Attorney General, Office of Special Prosecutions and Appeals,
Anchorage, and Talis J. Colberg, Attorney General, Juneau, for
Before: Coats, Chief Judge, and Mannheimer and Stewart,
COATS, Chief Judge.
STEWART, Judge, dissenting.
On February 2, 2002, while he was on parole release from a prior felony,
Chester L. Love was arrested for possession of heroin (fourth-degree controlled substance
– 2 –
misconduct). Because Love’s possession of the heroin was also a violation of his parole,
he was taken into custody both for the new crime and for the parole violation.
Based on Love’s possession of the heroin, the Alaska Parole Board revoked
his parole, and Love served approximately another two years in prison. The new criminal
charge (possession of heroin) was still pending trial.
In March 2004, Love completed serving his time on the parole revocation
and was released on bail for the heroin possession charge. But while he was on bail
release, Love was