Heard v. Addison

EBEL, Circuit Judge.

David Glen Heard pled guilty to two counts of “knowingly and intentionally ... [l]ook[ing] upon ... the body or private parts of [a] child under sixteen ... in [a] lewd and lascivious manner,” in violation of Oklahoma’s lewd molestation statute, Okla. Stat. tit. .21, § 1123(A)(2). In pleading guilty, Heard admitted that he positioned himself in a Tulsa Wal-Mart store so as to be able -to “look under [their] clothes at [their] bod[ies] and at [their] undergarments.” ApltApp. Supp. Vol. I at 12, 15. Pursuant to the terms of the plea agreement, the prosecutor recommended that…