Rigoberto Lopez v. State

OPINION

KEM THOMPSON FROST, Justice.

Appellant Rigoberto Lopez appeals his conviction for indecency with a child by exposure, challenging the trial court’s refusal to instruct the jury on the lesser-included offense of indecent exposure. We affirm.

Factual and Procedural Background

In December 2010, Laura Salazar, her sister, and their six children entered a McDonald’s restaurant to eat dinner and enjoy the establishment’s play area. At trial, Salazar testified that appellant followed her family into the restaurant and sat at a nearby table. Appellant and Salazar’s family both sat next to the…