Durie v. State

ALTENBERND, CHRIS W., Associate Judge.

Jack F. Durie, Jr., appeals the trial court’s order revoking his probation for allegedly violating condition (5) of the order placing him on probation.1 Condition (5) required Mr. Durie to live and remain at liberty without violating any law. The trial court revoked Mr. Durie’s order of probation because he made harassing telephone calls to an assistant attorney general, allegedly in violation of section 365.16(1), Florida Statutes (2001). We conclude that the State did not present evidence establishing a violation of this statute, and accordingly we…