Boyne v. State

OPINION

BURKE, Justice.

Upon his plea of guilty, appellant William D. Boyne was convicted of the crime of burglary not in a dwelling. 1 Under the authority given to it by AS 12.55.085(a), 2 the superior court suspended the imposition of sentence and placed him on probation for a period of five years. As a “special condition” of probation, Boyne was ordered to serve two years in a correctional facility. This appeal followed.

The issue that is now before us is whether the trial court had the authority to impose a term of imprisonment as a condition of probation. We hold that it lacked that…