State v. Jones
Annotate this CaseAfter being placed on probation, Appellant was cited for consumption of alcohol by a minor and disorderly conduct. The State subsequently moved to have Appellant’s probation revoked, and the State cited Appellant for misdemeanor contempt of court. Appellant moved to dismiss the criminal contempt charge. The district court granted the motion, concluding that the statute charged does not cover violations of probationary terms. Meanwhile, Appellant’s probation was revoked, and the sentence was executed. The Supreme Court affirmed the dismissal of the contempt charge after determining and clarifying the relationship between both the contempt and probation statutes, holding that a willful violation of of a “term” of probation prescribed at sentencing does not itself constitute the crime of violation of a “mandate of a court” under the criminal contempt statute.
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