Gage v. State

In Gage v. State, 702 P.2d 646 (Alaska App. 1985), the Court held that if a defendant is ultimately found to have violated the conditions of their probation, the running of the defendant's term of probation must be tolled during the time that the petition was pending. (That is, the total length of the defendant's term of probation must be extended by the amount of time that the petition to revoke was pending.) As Gage explains, "When a petition to revoke probation formally charging a probationer with committing a violation is filed and the court subsequently determines that the alleged violation was in fact committed, there can be no legitimate justification for allowing the probationer to claim credit for time served on probation during the period between the filing of the petition and its ultimate adjudication." (Gage, 702 P.2d at 647-48.)