Hacker, Anthony Wayne

in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, COCHRAN and ALCALÁ, JJ., joined.

We must determine whether the evidence shows that appellant violated a “no contact” condition of probation, when the condition allowed contact by telephone regarding issues of child custody and when appellant and his wife had an arrangement for appellant to babysit their children at his wife’s home while she was at work. We conclude that the evidence fails to show that appellant violated the “no contact” condition.

I. BACKGROUND

On December 2, 2010, appellant was placed on deferred-adjudication probation for…