Appeal from the Marion Superior Court. Lower Court Cause No. 49F08-1304-CM-22256. The Honorable David M. Hooper, Magistrate.
ATTORNEY FOR APPELLANT: Darren Bedwell, Marion County Public Defender's Office, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Larry D. Allen, Deputy Attorney General, Indianapolis, Indiana.
Pyle, Judge. Crone, J., and Brown, J., concur.
Statement of the Case
[¶1] Appellant/Defendant, Nickole Nichols (" Nichols" ), appeals her conviction, after a bench trial, for Class A misdemeanor prostitution. Nichols was arrested for prostitution after she agreed to have sex in exchange for money with an undercover detective outside of a strip club. At trial, she filed an Indiana Trial Rule 41(B) motion to dismiss the charge after the State presented its case-in-chief, raising the affirmative defense of entrapment and arguing that the State had not presented sufficient to rebut the defense. In support of this argument, she noted that the undercover detective had solicited the criminal activity. The trial court denied the motion, finding that, while there was evidence that the detective had induced Nichols' behavior, there was also evidence that she was pre-disposed to prostitution and, therefore, the detective did not entrap her. On appeal, Nichols disputes the trial court's denial of the motion and argues again that she was entrapped into committing prostitution. Because we find that the undercover detective presented Nichols with a mere opportunity to commit prostitution, but did not otherwise induce the offense, we conclude that there was no entrapment. In addition, there was sufficient evidence to support Nichols' conviction.
Whether the trial court erred in denying Nichols' Trial Rule 41(B) motion to dismiss.
[¶2] Around 10:00 or 11:00 p.m. on April 6, 2013, Detective Henry Castor (" Detective Castor" ), an officer in the Human Trafficking Vice Division of the Indianapolis Metropolitan Police Department, went to the Classy ...