Hines v. State

OPINION

BLEIL, Justice.

Thomas Hines appeals from his conviction for the offense of public lewdness. He contends that his misconduct was not in public and that he was not reckless about whether another was present who may have been offended. Thus, he maintains he is not guilty as charged. We agree and reverse.

The State proceeded against Hines under Section 21.07(a)(3) of the Penal Code. 1 As it was stipulated that Hines’ misconduct did not occur in a public place, the State charged that Hines was reckless about whether someone else was present who might be offended or alarmed when he had sexual…