STATE v. SMITH

Nos. 04-805, 04-806.

887 So.2d 701 (2004)

STATE of Louisiana v. Carvin SMITH.

Court of Appeal of Louisiana, Third Circuit.

November 10, 2004.


Attorney(s) appearing for the Case

G. Paul Marx, Lafayette, LA, for Defendant/Appellant — Carvin Smith.

Dan B. McKay, Jr., Assistant District Attorney, Honorable Charles A. Riddle, III, District Attorney, Marksville, LA, for Plaintiff/Appellee — State of Louisiana.

Court composed of ULYSSES GENE THIBODEAUX, C.J., GLENN B. GREMILLION, and ELIZABETH A. PICKETT, Judges.


THIBODEAUX, Chief Judge.

The Defendant, Carvin Smith, appeals his conviction of obscenity on the basis of insufficiency of the evidence. We affirm.

FACTS

On May 2, 2003, at the Avoyelles Correctional Center, two female guards, Sergeant Artie Jones and then-Cadet Stephanie Mayeux, were processing mail at a desk area in the facility. While they were working, Defendant was in a shower in the same general area, but was not immediately visible...

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