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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Oct 27 2010, 8:40 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: SUZY ST. JOHN Marion County Public Defender

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MARJORIE LAWYER-SMITH Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ANGEL RIVERA, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-1002-CR-118

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Richard Sallee, Judge Cause No. 49F19-0908-CM-73589

October 27, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Angel Rivera appeals his conviction for Class A misdemeanor patronizing a prostitute. We affirm. Issue Rivera raises one issue, which we restate as whether there was sufficient evidence to support his conviction. Facts At approximately 10:00 a.m. on August 18, 2009, Rivera was a passenger in a car approaching the intersection of 32nd Street and College Avenue in Indianapolis. The car stopped where undercover police officer, Connie Herre, was standing. Officer Herre was wearing shorts and a low cut shirt and had her hair in a pony tail. Officer Herre approached the vehicle and leaned into the passenger side window. Rivera asked Officer Herre what she was doing there and what she was looking for. Officer Herre said she was "looking for a party." Tr. p. 7. Rivera asked her if she was looking for a party "right there" and "how much it would be." Id. Officer Herre told him, "it would be twenty dollars for a blow job." Id. Rivera responded, "okay" and asked if they "were going to do it right then and there or if [they] were going somewhere else." Id. During this encounter, as Officer Herre leaned into the vehicle, Rivera ran his finger across her breast, then he began rubbing his crotch through his pants. After they spoke, Rivera "grabbed ahold" of her left breast two other times. Id. Officer Herre told Rivera to go to the alley. As the car pulled away, a traffic stop was conducted, and Rivera was arrested. 2 The State charged Rivera with Class A

misdemeanor patronizing a prostitute. Following a bench trial, Rivera was convicted. He now appeals. Analysis Rivera argues that there is insufficient evidence to support his conviction. When reviewing the sufficiency of the evidence to support a conviction, we must consider only the probative evidence and reasonable inferences supporting the verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). "It is the fact-finder's role, not that of appellate courts, to assess witness credibility and weigh the evidence to determine whether it is sufficient to support a conviction." Id. We affirm the conviction unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. Id. To convict Rivera of patronizing a prostitute, the State was required to prove that he knowingly or intentionally agreed to pay money to another person for having engaged in, or on the understanding that the other person will engage in, sexual intercourse or deviate sexual conduct with the person or with any other person. See Ind. Code

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