State v. Forsythe
Annotate this CaseJoseph Forsythe was charged with partner/family member assault (PFMA) for his physical altercation with his wife, Giana. While confined and under a no contact order, Forsythe sent letters to Giana telling her to provide false testimony regarding the incident. After Giana gave the letters to the authorities, the State charged Forsythe with felony tampering with a witness. Forsythe was found guilty of both PFMA and tampering. The Supreme Court affirmed as modified, holding that the district court (1) did not err in determining that the letters Forsythe sent to Giana were not protected by spousal privilege; (2) erred in allowing a lay witness to testify regarding handwriting samples, but the error was harmless; and (3) imposed an illegal sentence by ordering Forsythe to pay a $20 information technology surcharge rather than a $10 surcharge as authorized by statute.
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