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State v. Billy Rancie Oldham

September 17, 2012

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
BILLY RANCIE OLDHAM, JR., DEFENDANT-APPELLANT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia County. Hon. Michael R. Crabtree, District Judge.

The opinion of the court was delivered by: Perry, Judge Pro Tem

2012 Unpublished Opinion No. 636

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order denying motion to terminate no-contact order, affirmed.

Billy Rancie Oldham, Jr. appeals from the district court's order denying his motion to terminate a no-contact order. For the reasons given below, we affirm.

I. FACTS AND PROCEDURE

The district court issued a no-contact order (NCO) against Oldham on January 21, 2009, after Oldham pled guilty to first degree arson. The NCO prohibited Oldham from having contact with his then wife, Sabre Oldham, for a period of one year, until January 21, 2010. The order was issued to protect Ms. Oldham as the alleged victim of the arson case.

In June 2009, Oldham filed a motion to modify the NCO to allow him to have telephone contact with his minor children pursuant to the decree of divorce between himself and Ms. Oldham. Oldham's counsel requested that the district court either dismiss the NCO or modify it to allow Oldham to have incidental contact with Ms. Oldham for the purpose of making a weekly telephone call to his minor children whom she had full custody of.

Following a hearing on his motion, the district court granted the request for modification, allowing Oldham to place telephone calls to Ms. Oldham to talk with the children. The district court also extended the NCO's duration to December 15, 2023.

In February 2011, Oldham filed a motion to terminate the NCO. The State filed a written objection, and the district court denied the motion. The district court reasoned:

The court perceives the issue as a matter of discretion. The court exercises that discretion within the bounds provided by the following legal authority. Idaho Code § 18-920(1) provides: "When a person is charged with or convicted of an offense . . . for which a court finds that a no contact order is appropriate, an order forbidding contact with another person may be issued."

In its discretion, the court imposed the No Contact Order in this case because the court found that such an order was appropriate and necessary to protect Ms. Oldham. There is nothing in the Defendant's Motion that now persuades the ...


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