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Orr v. State

Since no evidence in the record showed that defendant had failed to pay $38 in fines ordered in relation to his reckless conduct convictions, the trial court could not partially base its decision to revoke the defendant's probation on such a finding.

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Donald Todd Orr was convicted in May 2011 of two counts of reckless conduct and given two 12-month sentences to be served on probation, consecutively. Several months later, the state filed a petition to revoke Orr’s probation, alleging that Orr had violated two conditions of probation in that he had: i committed a new criminal offense, terroristic threat; and ii failed to timely pay fines, resulting in $38.00 in arrears. After a hearing on the petition, the trial court entered an order finding that Orr had violated both conditions, revoking the balance of his probation, imposing upon Orr confinement, and providing further: “remit the case allowing probation to FIFA the balance.” In this appeal, Orr challenges the sufficiency of the evidence and contests various other aspects of the revocation order. For reasons that follow, we vacate the revocation order and remand the case with direction.

1. Orr contends that the trial court erred by revoking his probation based in part upon its finding that he committed the offense of terroristic threat; Orr challenges specifically the sufficiency of the evidence. This contention is without merit.

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