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HINES v. STATE

No. 893-94.

906 S.W.2d 518 (1995)

Thomas Ray HINES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 20, 1995.

Attorney(s) appearing for the Case

Joe A. Hughey, Marshall, for appellant.

Kevin McCarter, Assistant District Attorney, Robert A. Huttash, Marshall, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of public lewdness, under V.T.C.A. Penal Code, § 21.07(a)(3). Punishment was assessed at 60 days in jail, probated for twelve months, and a fine of $500. Section 21.07(a)(3) reads:

"(a) A person commits an offense if he knowingly engages in any of the following acts in a public place, or if not in a public place, he is reckless...

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