Boyne v. State of Alaska
In Boyne v. State of Alaska, 586 P.2d 1250 (Alaska 1978), following a burglary conviction, the trial 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. Id.
The Supreme Court of Alaska analyzed the Alaska statute and noted that the statute did not provide for the incarceration of a defendant as a condition of probation.
Thus, it ruled that the trial court did not have the authority or power to impose incarceration as a condition of probation.