OPINION
BLEIL, Justice.
Thomas Hines appeals from his conviction for the offense of public lewdness. He contends that his misconduct was not in public and that he was not reckless about whether another was present who may have been offended. Thus, he maintains he is not guilty as charged. We agree and reverse.
The State proceeded against Hines under Section 21.07(a)(3) of the Penal Code.
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