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Bonds v. State

Court of Appeals of Texas, Second District, Fort Worth
Mar 23, 2006
No. 02-05-051-CR (Tex. App. Mar. 23, 2006)

Opinion

No. 02-05-051-CR

Delivered: March 23, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 78th District Court of Wichita County.

Panel F: DAUPHINOT, LIVINGSTON, and HOLMAN, JJ.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


A jury convicted Appellant Roger Maurice Bonds of indecency with a child by exposure, and the trial court sentenced him to six years' confinement in the Institutional Division of the Texas Department of Criminal Justice. In one issue, Appellant argues that the jury's verdict was "clearly wrong and manifestly unjust" because Appellant's actions did not fit the offense in anything more than a technical sense. Appellant concedes the legal sufficiency of the evidence. Specifically, he concedes that he was masturbating in public in the presence of children and that he was, in the process, exposing his genitals and gratifying himself sexually. But he relies on language from the factual sufficiency standard of review to argue that "[b]ecause no child saw [him] expose himself, . . . the jury's verdict in this case is `clearly wrong and manifestly unjust.'" He explains that "the purpose of the statute is to criminalize the consequences of exposure of flesh to children. There has been no such demonstration that a child or children saw Appellant's penis, therefore there was no crime." Appellant correctly concedes that other intermediate appellate courts have repeatedly held that the offense of indecency with a child by exposure does not require that the child see the genitals. Further, we note that in cases involving misdemeanor indecent exposure, the Texas Court of Criminal Appeals has held that exposure "need not be limited to the meaning `exposed to sight.'" We see no reason, nor has Appellant suggested any, to treat the meaning of exposure differently for this offense. We therefore decline to go against our sister courts or the Texas Court of Criminal Appeals. Consequently, we overrule Appellant's sole issue and affirm the trial court's judgment.

See Zuniga v. State, 144 S.W.3d 477, 483 (Tex.Crim.App. 2004).

See, e.g., Breckenridge v. State, 40 S.W.3d 118, 124-25 (Tex.App.-San Antonio 2000, pet. ref'd); Uribe v. State, 7 S.W.3d 294, 297 (Tex.App.-Austin 1999, pet. ref'd); Balfour v. State, 993 S.W.2d 765, 769 (Tex.App.-Austin 1999, pet. ref'd).

Miller v. State, 156 Tex. Crim. 389, 243 S.W.2d 175, 176 (1951).


Summaries of

Bonds v. State

Court of Appeals of Texas, Second District, Fort Worth
Mar 23, 2006
No. 02-05-051-CR (Tex. App. Mar. 23, 2006)
Case details for

Bonds v. State

Case Details

Full title:ROGER MAURICE BONDS, Appellant, v. THE STATE OF TEXAS, State

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Mar 23, 2006

Citations

No. 02-05-051-CR (Tex. App. Mar. 23, 2006)