Notice of Withdrawal of “Objection to Modification of Probation Conditions”; Motion to Modify Probation Conditions

LATAH COUNTY PROSECUTOR’S OFFICE
WILLIAM W. THOMPSON, JR.
PROSECUTING ATTORNEY

Latah County Courthouse
P.O. Box 8068
Moscow, Idaho 83843-0568
Phone: (208) 883-2246
ISB No. 2613

 

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO,
Plaintiff,

V.

STEVEN JAMES SITLER,
Defendant.

Case No. CR-2005-02027

NOTICE OF WITHDRAWAL
OF “OBJECTION TO MODIFICATION
OF PROBATION CONDITIONS;”
MOTION TO MODIFY PROBATION
CONDITIONS

COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and hereby gives notice to Court and counsel that it withdraws its December 30, 2015, “Objection to Modification of Probation Conditions” and the January 4, 2016, “Notice of Hearing” setting the same for January 19, 2016.

Subsequent to the filing of the State’s said “Objection” further discussion and consultation has occurred with representatives of the Idaho Department of Correction and the State now believes that the Court’s recent modifications to condition number 19 are acceptable to IDOC with the singular clarification/ modification requested below. Consequently, expenditure of Court and counsel time, and the presentation of evidence, is no longer necessary.

FURTHER, THE STATE RESPECTFULLY MOVES AND PRAYS that the Court substitute the word “and” for “or” in the last line of condition number 19 so it reads “. . . and that desire has been made known in writing to the Idaho Department of Probation and Parole and (emphasis added).” The purpose of this modification is to insure that the Department of Correction is aware of all such consents to contact.

The State respectfully submits this request for clarification/modification based on the record and file herein, and waives the necessity of hearing unless such is deemed necessary by the Court.

WHEREFORE, THE STATE RESPECTFULLY PRAYS THAT THE COURT MODIFY/CLARIFY CONDITION NUMBER 19 OF THE DECEMBER 23, 2015, “CONSOLIDATION OF TERMS AND CONDITIONS OF PROBATION UPON RECONSIDERATION” AS OUTLINED ABOVE WITHOUT FURTHER HEARING.

Respectfully submitted this 5 day of January, 2016.

William W. Thompson, Jr.
Prosecuting Attorney