Paul D. Mobley, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff
Appeal from the Marion Superior Court. The Honorable H. Patrick Murphy, Master Commissioner. Case No. 49F07-1203-CM-015059.
ATTORNEYS FOR APPELLANT: Robert D. King, Jr., David R. Thompson, The Law Office of Robert D. King, Jr., P.C., Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Larry D. Allen, Deputy Attorney General, Indianapolis, Indiana.
Vaidik, Chief Judge. Baker, J., and Riley, J., concur.
Vaidik, Chief Judge.
[¶ 1] Paul D. Mobley appeals his conviction for Class A misdemeanor patronizing a prostitute. Mobley argues that the evidence is insufficient to sustain his conviction or, in the alternative, that the State failed to rebut his defense of entrapment. We find that the evidence is sufficient to prove that Mobley knowingly agreed to pay an undercover detective $20 to perform fellatio on him. We also conclude that according to the Indiana Supreme Court's recent decision in Griesemer v. State, 26 N.E.3d 606, 2015 WL 970660 (Ind. 2015), because a reasonable trier of fact could have found the State proved, beyond a reasonable doubt, that the police did not induce Mobley, his entrapment defense fails. We therefore affirm his conviction for Class A misdemeanor patronizing a prostitute.
Facts and Procedural History
[¶ 2] On March 6, 2012, Indianapolis Metropolitan Police Department Detective Tabatha McLemore was posing as a prostitute on East Washington Street in Indianapolis. Tr. p. 7-8. Detective McLemore performs approximately 100 undercover investigations a year where she poses as a prostitute. Id. at 6. Around noon, Mobley drove slowly past Detective McLemore, staring at her " the whole time." Id. at 9. Mobley then stopped his car in the middle of the next street near Detective McLemore. Id. Detective McLemore walked up to Mobley and asked, " What's up?" State's Ex. 1 (audio recording); Tr. p. 15. In response, Mobley asked Detective McLemore, " How much?" State's Ex. 1;
Tr. p. 11, 15. Detective McLemore told Mobley it would be " twenty for some head." State's Ex. 1; Tr. p. 11. Mobley " shook his head 'yes'" and then " did a head nod" to the right to indicate that Detective McLemore should get into his passenger seat. Id. at 11, 15, 24-25. Detective McLemore told Mobley to pick her up in the nearby alley off East Washington Street so that the police would not see them. State's Ex. 1; Tr. p. 11.
[¶ 3] IMPD Detective Stephen Buchanan was stationed nearby in an unmarked police car with police lights in the un-tinted windshield. He was wearing a protective vest with the word " police" in large block letters on the front. When Detective Buchanan received a signal that Detective McLemore had been propositioned, he " immediately drove . . . toward Oakland Street" and saw Mobley driving toward him. Tr. p. 38-39. Detective Buchanan and Mobley " looked right at each other." Id. at 39. Mobley then turned toward Detective McLemore and said " never mind," to which Detective McLemore replied, " too late." State's Ex. 1; Tr. p. 11-12, 15-16, 39. Mobley was arrested and charged with Class A misdemeanor patronizing a prostitute. After his arrest, Mobley told Detective McLemore that he had a " moment of weakness." Id. at 16, 40-41.
[¶ 4] After a bench trial, Mobley was convicted of Class A misdemeanor patronizing a prostitute. He was sentenced to 365 days in the Indiana Department of Correction with credit for four days served and 361 days suspended. See ...