Burke v. State

Adams, Judge.

Sean M. Burke appeals following his conviction and sentence on one count of aggravated stalking for which he was sentenced to a term of ten years, five years to serve. For the reasons set forth below, we reverse.

The indictment in this case charged Burke with aggravated stalking and alleged that on or about November 23, 2005, he “did unlawfully contact Elaine Bolton, without [her] consent . . . , for the purpose of harassing and intimidating [her], in violation of a court order, which prohibited such behavior” by Burke. At the trial in this case, Elaine Bolton recounted the events…