Justice Patricia Henry
Pastrana requested the court incarcerate Nazario for willfully violating the court’s prior orders, seeking 54 months of incarceration to run consecutively. She also requested the court commit Nazario in absentia for his willful failure to appear. Nazario was found guilty of committing 26 family offenses, including criminal contempt, aggravated harassment, and stalking. The court found Nazario exhibited an "intractable design" to continue to harass and annoy Pastrana by violating numerous orders of protection. It stated his conduct was "unacceptable and abhorrent," noting the number of times he displayed contempt and disrespect for the court’s orders, and his pattern of behavior deliberately designed to frustrate Pastrana’s use of the court system. It found Nazario’s consecutive and repeated conduct justified consecutive periods of commitment. Also, the court stated Nazario was aware of all prior proceedings, yet his deliberate non-appearance showed the same contempt for court proceedings as his contempt for court orders. As Nazario voluntarily absented himself, the court found he waived his right to be present at the trial and dispositional hearing, and a dispositional order was made in absentia. Hence, Nazario was sentenced to 27 months incarceration to run consecutively.
