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STATE v. OVERMYER

No. 90A05-9811-CR-536.

712 N.E.2d 506 (1999)

STATE of Indiana, Appellant-Plaintiff, v. Darrell R. OVERMYER, Appellee-Defendant.

Court of Appeals of Indiana.

May 14, 1999.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General of Indiana, Greg Ullrich, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellant.

OPINION

RUCKER, Judge

After a trial to the bench, Darrell R. Overmyer (Overmyer) was acquitted of obscene performance as a Class A misdemeanor.1 The State appeals the acquittal as a reserved question of law pursuant to Ind.Code § 35-38-4-2(4), raising one issue for our review which we rephrase as whether the trial court erred in determining that a person has a reasonable expectation of privacy in a jail visitation area....

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