Westbrook v. State
| Decision Date | 22 October 1981 |
| Docket Number | No. 05-81-00028,05-81-00028 |
| Citation | 624 S.W.2d 294 |
| Parties | Bruce Wayne WESTBROOK, Appellant, v. The STATE of Texas, Appellee. CR. |
| Court | Texas Court of Appeals |
Lawrence R. Green, Dallas, for appellant.
Henry Wade, Dist. Atty., Fred C. McDaniel, Asst. Dist. Atty., Dallas, for appellee.
Before CARVER, SPARLING and FISH, JJ.
This is an appeal from a conviction for public lewdness under Tex.Penal Code Ann. § 21.07 (Vernon). The defendant waived a jury trial and pled not guilty. The trial judge found the defendant guilty and assessed his punishment at $300 and ninety (90) days in jail, which was probated for one year. The appellant contends that the lewd act occurred in a non-public place. Upon review of the entire record we cannot agree, and therefore affirm.
Officer Charles B. Roberts of the Dallas Police Department was in a viewing booth of the Paris Adult Theatre on December 8, 1978. The appellant entered the same booth, closed and locked the door and sat beside Officer Roberts, a stranger. Appellant then began rubbing Officer Roberts' leg and genital area, at which time Officer Roberts told him to stop so that they could go to his van parked outside. When the two men reached the parking lot, Officer Roberts placed appellant under arrest.
Appellant claims two grounds of error. First, the evidence does not establish that the offense occurred in a public place and is therefore, not sufficient to support the verdict of guilty. Second, the evidence is not sufficient to show beyond a reasonable doubt, that the act, as alleged, was "knowingly" done.
In regard to appellant's first ground of error, the information upon which appellant's conviction was based charged that he committed acts of sexual contact while "in a public place." A "public place" is defined as "any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops." Tex.Penal Code Ann. § 1.07(29) (Vernon 1974). The Court of Criminal Appeals has upheld a jury finding that an individual peep show booth in an adult bookstore, such as the booth in the instant case, is a public place where the evidence showed it was a part of "shop" open to the public and occupants of the booth had no right to expect privacy. Green v. State, 566 S.W.2d 578, 582 (Tex.Cr.App.1978).
If the booth occupied by appell...
To continue reading
Request your trial
-
Zhang v. State, No. 01-09-00190-CR (Tex. App. 11/19/2009)
...App. 1982). The court reasoned that the public had free access to the booths even when others were inside. See id.; see also Westbrook v. State, 624 S.W.2d 294, 295 (Tex. App.-Dallas 1981, no pet.) (citing Green for proposition that booth in public shop where occupants do not have expectati......
-
Cammack v. State
...was a public place within the meaning of V.T.C.A., Penal Code, § 21.07. Only recently the Dallas Court of Appeals in Westbrook v. State, 624 S.W.2d 294 (Tex.App.1981), held that a "peep show" booth which is completely enclosed is a public Officer Newell entered the common area of the book s......
-
Smykay v. State
...occurred. Cammack v. State, 641 S.W.2d 906 (Tex.Crim.App.1982); Green v. State, 566 S.W.2d 578 (Tex.Crim.App.1978); Westbrook v. State, 624 S.W.2d 294 (Tex.App.--Dallas 1981). The court knows of no cases where a person has been successfully convicted of public lewdness and the act occurred ......
-
Lozano v. State, A14-82-202CR
...by drawing a curtain and entering the booth. Thus, the occupants of the booth had no right to expect privacy. In Westbrook v. State, 624 S.W.2d 294 (Tex.App.--Dallas 1981), the Court found a viewing booth in an adult theater to be a public place. In Westbrook, a police officer was already s......
-
Table of cases
...427 (Tex. Ct. App. 1886) 11:50 West v. State 567 S.W.2d 515 (Tex. Crim. App. [Panel Op.] 1978) 1:20; 1:80, 8:860 Westbrook v. State 624 S.W.2d 294 (Tex. App—Dallas 1981, no pet.) 6:1090 Whatley v. State 946 S.W.2d 73 (Tex. Crim. App. 1997) 3:710 Whipple v. State 281 S.W.3d 482 (Tex.App.—ElP......
-
Offenses against person
...booth was “public” even when defendant entered and closed the door and grasped officer’s private parts. See also, Westbrook v. State , 624 S.W.2d 294 (Tex. App.-Dallas 1981, no pet.). In Kirtley v. State , 585 S.W.2d 724 (Tex.Crim.App. 1979), the information alleged that defendant committed......