• Tex. Crim. App.
  • Keller, P.J.,
A condition of probation required that the appellant have no contact with his wife. Appellant was prohibited from contacting his wife in person, by mail, by email, or by any other means. The condition allowed contact by telephone regarding issues of child custody and when appellant and his wife had an arrangement for appellant to baby-sit their children at his wife's home while she was at work. Simply occupying his wife's home when she was not there is not a prohibited communication with his wife nor is it proximity to her. The judgments of the courts below are reversed and the state's motion to revoke probation is ordered dismissed. Court of Criminal Appeals, No. PD-0438-12, 01-16-2013.