HARVEY v. STATE

No. 05-02-01197-CR.

135 S.W.3d 712 (2003)

Johnny Jay HARVEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

June 5, 2003.


Attorney(s) appearing for the Case

Scala D. Byers, Garland, for appellant.

William T. (Bill), Hill, Jr., Garland, Christina O'Neil, Dist. Atty. Office, Dallas, for state.

Before Justices WHITTINGTON, RICHTER, and LAGARDE.


OPINION

Opinion By Justice MARTIN RICHTER.

Johnny Jay Harvey appeals his conviction of indecent exposure. After a bench trial, the trial court assessed punishment at 180 days confinement. On appeal, appellant contends there was a material variance between the allegations made in the information and the proof at trial, there was legally and factually insufficient evidence to sustain his conviction, and the State failed to prove a non-statutory fact defining...

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