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STATE v. HOLMES

No. 03-177.

866 So.2d 406 (2004)

STATE of Louisiana v. Bobby HOLMES.

Court of Appeal of Louisiana, Third Circuit.

February 18, 2004.

Attorney(s) appearing for the Case

Charles Riddle, III, Avoyelles Parish District Attorney's Office, Mansura, LA, for Plaintiff/Appellee—State of Louisiana.

Bobby Holmes, Cottonport, LA, for Defendant/Appellant—Bobby Holmes.

Court composed of SYLVIA R. COOKS, OSWALD A. DECUIR and GLENN B. GREMILLION, Judges.

COOKS, Judge.

Defendant, Bobby Holmes, was charged with two counts of obscenity in violation of La.R.S. 14:106. The first alleged act of obscenity occurred on August 14, 2001, when a female prison guard accused Defendant of "stroking his erect penis with his hand in a masturbating manner" while in the prison shower.1 The second act occurred on April 22, 2002 when defendant allegedly exposed his penis to another female guard and masturbated...

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