State v. Andress
Annotate this CaseFollowing a jury trial, Defendant was convicted of violating a permanent order of protection and tampering with a witness. Defendant's written sentence contained twenty-six terms and conditions that were not expressly stated during oral pronouncement of sentence. Defendant appealed, claiming his attorney was ineffective in ordering erroneous jury instructions and in failing to file a motion to conform the written sentence to the orally-pronounced sentence. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) Defendant's counsel did not provide ineffective assistance with respect to proposed jury instructions; and (2) the district court's inclusion of five conditions in Defendant's written judgment and order were not sufficiently related to Defendant's charges nor were they reasonably related to the objectives of rehabilitation and protection of the victim and society. Remanded with instructions to strike the five conditions.
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