Legal Opinion

Harvey v. State

Texas Court of Appeals, 5th District (Dallas)

Decided June 5, 2003No. 05-02-01197-CRPublishedCited by 26 opinions

1Opinion of the Court

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 an “allowable unit of prosecution.” We affirm.

Background

Shortly before 9:00 a.m. on March 20, 2002, Ashley Schroeder was sitting in her car…

2Cases cited12 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 2000
  3. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  4. Jones v. StateCourt of Criminal Appeals of Texas · 1996
  5. Gollihar v. StateCourt of Criminal Appeals of Texas · 2001

7 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Williams v. State, Texas Court of Appeals, 3rd District (Austin)2007
  2. Greene v. State, Texas Court of Appeals, 3rd District (Austin)2007
  3. Steven Ortiz v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  4. Armando Sanchez, M.D. v. Texas State Board of Medical Examiners and Donald W. Patrick, M.D., Texas Court of Appeals, 3rd District (Austin)2007
  5. Crae Robert Pease v. State, Texas Court of Appeals, 3rd District (Austin)2007

21 more not listed; retrieve them via the Exa API.

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