General District Court Judge Norman deVere Morrison warned Parviz Modaber, 73, of Harpers Ferry, W.Va., he could go to jail if he violates the order.
"If you're found in Clarke County, bring your toothbrush," he told Modaber in court Wednesday.
Modaber, who has been diagnosed with an obsessive-compulsive disorder, has been convicted of littering four times since October 2000. After his third conviction in May 2003, he was fined $2,500, ordered to perform 300 hours of community service and given a one-year suspended jail sentence. His fourth offense came six months later.
Prosecutor Suzanne Perka asked the judge to reinstate some or all of the suspended jail time. "We tried counseling, we tried suspended jail time, we tried large fines. We were sort of at our wits end," Perka said.
Paul Morrison, Modaber's attorney, argued for additional counseling.
The judge, who is not related to the defense attorney, agreed a jail sentence would not help Modaber. But he decided banishment could.
He also sentenced Modaber to two years of probation and ordered him to pay $1,000 of the original fine.
Paul Morrison said his client has an unspecified disagreement with the state. "He takes out his dislike for the state of Virginia on Clarke County," the attorney said.
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Thats just great to hear, kind of nice to find people that are more screwed up then you are!
