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State v. Hillbroom

Court of Appeals of Idaho

October 30, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
JUNIOR LARRY HILLBROOM, Defendant-Appellant.

2014 Opinion No. 91

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Jeff M. Brudie, District Judge; Hon. Debra A. Heise, Magistrate.

Order of the district court, on intermediate appeal from the magistrate, affirming judgment of conviction for violation of a no contact order, affirmed.

Berg & McLaughlin, Chtd.; William M. Berg, Sandpoint, for appellant. William M. Berg argued.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent. Mark W. Olson argued.

GUTIERREZ, Chief Judge

Junior Larry Hillbroom appeals from the district court's decision on intermediate appeal affirming his judgment of conviction for violation of a no contact order. Specifically, he contends the no contact order was invalid because it did not include an expiration date and therefore, it could not form the basis of his conviction. For the reasons set forth below, we affirm.

I. FACTS AND PROCEDURE

In June 2012, Hillbroom was charged with felony domestic battery and attempted strangulation. Pursuant to Idaho Code § 18-920, a no contact order was issued, prohibiting

Hillbroom from contact with his girlfriend, the alleged victim.[1] The magistrate did not indicate a specific expiration date on the order, leaving blank the line on the form which provided:

THIS ORDER CAN BE MODIFIED ONLY BY A JUDGE AND WILL EXPIRE:
at 11:59 p.m. on ______ OR upon dismissal of this case, whichever occurs first.

In a subsequent modification of the no contact order to allow certain third-party contact, the magistrate again left blank the expiration provision of the form which indicated the order be "Modified as follows, and will be in effect until 11:59 p.m. on ____, 20___, or upon dismissal of the case."

In September 2012, the sheriff's office and court personnel observed Hillbroom and the alleged victim together in Hillbroom's vehicle in the Bonner County Courthouse parking lot. Hillbroom was charged with ...


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