Tharp v. State

OPINION

MAY, Judge.

Jeffrey Tharp appeals his conviction of invasion of privacy 1 Because the State did not prove Tharp knew he was subject to an active order of protection, we reverse his conviction. Although the point is now moot, we also note the trial court erred by delegating to the probation department its authority to set terms and conditions of Tharp's probation. 2

FACTS AND PROCEDURAL HISTORY

Tharp has dated Lisa Pitzer at various times, and they have a daughter together. In October 2008, Pitzer petitioned for a protective order against Tharp. Pitzer was not in contact with Tharp at the…