Herring v. State

633 S.W.2d 905 (1982)

John Michael HERRING, Appellant,

v.

The STATE of Texas, Appellee.

No. 05-81-00122 CR.

Court of Appeals of Texas, Dallas.

March 2, 1982.

Rehearing Denied May 17, 1982.

Discretionary Review Granted September 15, 1982.

Kennard E. Mackey, Austin, for appellant.

Jeffrey B. Keck, Asst. Dist. Atty., Dallas, for appellee.

Before AKIN, SPARLING and FISH, JJ.

FISH, Justice.

Appellant was convicted of public lewdness by a jury. The court set punishment at 30 days in jail, probated for one year, and a fine of $1,000. Appellant contends on appeal that the trial court should have granted his…