State v. Overmyer

OPINION

RUCKER, Judge

After a trial to the bench, Darrell R. Over-myer (Overmyer) was acquitted of obscene performance as a Class A misdemeanor.1 The State appeals the acquittal as a reserved question of law pursuant to Ind.Code § 35-38-4-2(4), raising one issue for our review which we rephrase as whether the trial court erred in determining that a person has a reasonable expectation of privacy in a jail visitation area.

Appeal dismissed.

The record ¡reveals that on March 11,1998, Overmyer visited a female inmate at the Wells County Jail. The jail’s visitation area consists of four separate…