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STATE v. HARTZELL

No. 39866.

305 P.3d 551 (2013)

STATE of Idaho, Plaintiff-Appellant, v. Paul Carey HARTZELL, Defendant-Respondent.

Court of Appeals of Idaho.

Review Denied August 15, 2013.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General; Kenneth K. Jorgensen , Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Sara B. Thomas , State Appellate Public Defender; Sally J. Cooley , Deputy Appellate Public Defender, Boise, for respondent. Sally J. Cooley argued.

PERRY, Judge Pro Tem.

The state of Idaho appeals from the district court's order granting Paul Carey Hartzell's motion to reduce a charge of stalking in the first degree to stalking in the second degree. For the reasons set forth below, we reverse.

I.

FACTS AND PROCEDURE

On October 10, 2011, a former drug counselor for Hartzell obtained an "Order for Protection" in the state of Washington (Washington order) that restrained Hartzell from...

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