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STATE v. ANDRESS

No. DA 11-0297.

299 P.3d 316 (2013)

2013 MT 12

368 Mont. 248

STATE of Montana, Plaintiff and Appellee, v. Joshua Kaye ANDRESS, Defendant and Appellant.

Supreme Court of Montana.

Decided January 22, 2013.

As Amended March 26, 2013.

Rehearing Denied April 24, 2013.

Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender, Jennifer A. Hurley , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Pamela P. Collins , Assistant Attorney General, Helena, Montana, Fred Van Valkenburg , Missoula County Attorney, Missoula, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 The defendant Joshua Kaye Andress appeals from his conviction of felony violation of a permanent order of protection and tampering with a witness. We affirm in part and reverse and remand in part.

¶ 2 Under the terms of a permanent order of protection (POP) dated March 2009, Joshua Andress is prohibited from any contact with his ex-girlfriend, Sara Nichols. In October 2010, Andress...

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