STATE v. DUCOTE (2022)

Writ application granted. See per curiam.

Writ granted. The State has not established that the applicant's sentence specifically included a term of probation with the special condition that he stay away from all minors other than his own child.¹ The judgment of the district court which granted the State's motion to revoke the applicant's probation is therefore vacated and the motion seeking the revocation of the applicant's probation is denied.

VACATED AND RENDERED.

FOOTNOTES

1.   Both the trial court and the State seem to indicate in the record that such a condition was statutorily imposed. However, such a provision has neither been cited by the parties, nor discovered through independent research.

Crain, J., dissents. McCallum, J., dissents.