SAXTON v. STATE

No. 49S02-0306-CR-250.

790 N.E.2d 98 (2003)

Scott SAXTON, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

June 20, 2003.


Attorney(s) appearing for the Case

Timothy J. O'Connor, O'Connor & Auersch Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Grant H. Carlton, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


SHEPARD, Chief Justice.

Appellant Scott Saxton got arrested for voyeurism after he was caught standing on a home air conditioner staring into a woman's bathroom one morning at 5 a.m. Saxton was on probation at the time, and the trial court revoked his probation and ordered the balance of his sentence as executed time. Voyeurism only occurs in the absence of permission, of course, and Saxton says the State failed to prove that the victim did not give permission.

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