In re Ferguson

I join the majority in reversing appellant’s conviction based upon his January 1st telephone call. However, the evidence was insufficient to prove beyond a reasonable doubt that appellant willfully disobeyed the terms of the CPO on December 24th. At that time, the CPO permitted appellant to contact petitioner (1) regarding the child, and (2) for announcement for pick up and return of the child for visitation.1 The evidence showed that on Christmas eve, appellant called petitioner, his two-year-old daughter’s mother, and told her that he had a gift for her that the child had purchased and…