Smith v. State

OPINION

NUCHIA, Judge.

Appellant Johnny David Smith was convicted, by a jury, of public lewdness. The court assessed appellant’s punishment at one year confinement and a $400 fine, suspended his sentence, and placed him on 18 months community supervision. On appeal, appellant raises five points of error. We affirm.

BACKGROUND

On June 12, 1999, 14-year-old N.M. was baby-sitting her next door neighbors’ young son. Early that evening, N.M.’s mother, Janice Mitchell, brought over dinner for her. While the front door was open, the child walked outside and onto appellant’s driveway, where appellant was…