State v. Johnstone

Burgess, J.,

¶ 24. dissenting, in part.3 If the threatening nature of declaring one’s probation officer would “end up in a body bag” was not apparent to defendant, as supposed by the majority, his obliviousness was not evident from his motion to dismiss. Nor was any lack of intent to convey this message to his probation officer apparent from the circumstances alleged. In response to the dismissal motion, the State offered proof that probation Condition M expressly warned defendant that threatening behavior was prohibited and that defendant nevertheless delivered a loud and angry tirade against…