This section contains the nature of the case and procedural background.

D was on probation. The condition of probation was that D stay within 150 feet of his telephone. D agreed to wear an electronic monitoring device (EMD) around his ankle which would communicate electronically with a computer connected to his telephone and thereby verify his presence as long as he continued to wear the EMD. D removed the device damaging it, and threw it into a field. The value of the EMD was placed at over $250 and under $2500, thereby making this a fourth-degree felony. D was convicted of embezzlement. D appealed.

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