Holmes v. State

Larry Holmes appeals a final order revoking his probation, adjudicating him guilty of a felony, and sentencing him to prison. Holmes argues on appeal that his probation was erroneously revoked. He claims that the State’s proof was insufficient to show that he knowingly associated with persons involved in criminal activity. We agree and accordingly reverse.

A written condition of the defendant’s probation for possession of cannabis with intent to sell required that he not knowingly associate with any persons engaged in criminal activity.

An affidavit of violation of probation charged that the…