State v. Kendall
Annotate this CaseDefendant was found guilty of stalking and violating a protective order for placing telephone calls from the State prison to his former wife, D.K. D.K. knew, based on her phone’s caller ID, that Defendant was calling her from prison, but D.K. and Defendant never spoke over the telephone. The court of appeals reversed Defendant’s conviction for stalking, concluding that insufficient evidence showed that Defendant had committed an “act of communication” as proscribed by the stalking statute, and remanded with instructions that Defendant be convicted of attempted stalking. The Supreme Court reversed in part and affirmed in part, holding (1) Defendant committed an act of communication towards D.K. sufficient to find him guilty of stalking; and (2) the court of appeals did not err in affirming Defendant’s conviction for violating a protective order.
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