Since the crime of attempted sexual misconduct with a minor requires that the intended victim actually be a minor, it cannot apply to a “sting” in which an adult police officer pretends in online conversations to be a child.
Appeals
Valenzuela v. State, No. 49A02-0806-CR-552, __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2008)
Rather than relying on State’s extrinsic evidence as to a plea agreement’s intended meaning, opinion strictly construes the agreement against its drafter, the State.
State v. Jenkins, No. 49A04-0805-CR-260, __N.E.2d __ (Ind. Ct. App., Dec. 31, 2008)
Outdoor, unenclosed apartment courtyard is a public place for purposes of public intoxication offense.