Westbrook v. State

SPARLING, Justice.

This is an appeal from a conviction for public lewdness under Tex.Penal Code Ann. § 21.07 (Vernon). The defendant waived a jury trial and pled not guilty. The trial judge found the defendant guilty and assessed his punishment at $300 and ninety (90) days in jail, which was probated for one year. The appellant contends that the lewd act occurred in a non-public place. Upon review of the entire record we cannot agree, and therefore affirm.

Officer Charles B. Roberts of the Dallas Police Department was in a viewing booth of the Paris Adult Theatre on December 8, 1978. The…