AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was on probation and violated an order of protection, which was a condition of his probation. The State presented evidence of this violation, and the Defendant was aware of the order but assumed it had been dismissed.

Procedural History

• Appeal from the District Court of San Juan County, Karen L. Townsend, District Judge: The Defendant's probation was revoked.

Parties' Submissions

• Appellant (Defendant): Argued that the evidence was insufficient to establish that the violation of the order of protection was willful.
• Appellee (State): Presented evidence that the Defendant violated an order of protection, constituting a violation of the terms and conditions of his probation.

Legal Issues

• Whether the evidence was sufficient to establish that the Defendant willfully violated the terms and conditions of his probation by violating an order of protection.

Disposition

• The appeal challenging the revocation of probation was affirmed.

Reasons

• Per LINDA M. VANZI, J. (JENNIFER L. ATTREP, J., and MEGAN P. DUFFY, J., concurring):
  The Court found that the State provided sufficient evidence that the Defendant violated an order of protection, a condition of his probation. The Defendant's awareness of the order and the lack of evidence to prove the violation was not willful supported the trial court's decision to revoke probation. The Defendant's assumption that the order had been dismissed was not sufficient to overcome the reasonable inference of willfulness arising from the violation of a material condition of probation (paras 2-5).