State v. Fortuny

OPINION

MANNHEIMER, Judge.

Brent Fortuny drove while he was intoxicated and injured someone else. He ultimately pleaded no contest to third-degree assault (a class C felony) and misdemeanor driving while intoxicated. 1 While awaiting sentencing, Fortuny spent four months at Genesis House, a residential alcoholism treatment facility. The question is whether For-tuny should receive credit against his sentence for some or all of the time he resided at Genesis House.

For the past thirty-five years, Alaska law has granted defendants credit against their sentence "for time spent in custody pending…