People v. Brockelman

Opinion by

Judge CRISWELL.

Defendant, James B. Brockelman, appeals the denial of his Crim.P. 35(c) motion to modify the terms of his probation. We reverse and remand for further proceedings.

Defendant was convicted of committing a third degree assault upon his girlfriend and was sentenced to a term of incarceration; he did not appeal that conviction and sentence. While that charge was pending, the trial court entered two orders restraining defendant from contacting the victim. Defendant violated these orders by making a telephone call to her, and he was later convicted of these violations.…