Burton v. State

OPINION

KIRSCH, Judge.

Following a bench trial, Donald Burton was found guilty of stalking, 1 a Class A misdemeanor, invasion of privacy, 2 a Class B misdemeanor, and harassment, 3 a Class B misdemeanor. On appeal, he raises the following issues: }

1. Whether there was sufficient evidence to support Burton's conviction for harassment.

2. Whether the trial court violated the prohibition against double jeopardy by convicting Burton and imposing consecutive sentences for both the stalking and invasion of privacy offenses.

We reverse.

FACTS AND PROCEDURAL HISTORY

Burton and the victim, Patricia Kirby,…