Day v. State

2015 WL 6121398, No. 09-14-00488 (2015)

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Day v. State

Texas Court of Appeals
2015 WL 6121398, No. 09-14-00488 (2015)

  • Written by Liz Nakamura, JD

Facts

J. Nichols, a Texas law-enforcement officer, posted a Craigslist ad posing as Kelly Franklin, a 14-year-old girl looking for older male companionship. The original posting did not include any explicit sexual content. The ad was posted as part of Texas’s proactive enforcement measures to identify potential sexual predators of children. Dustin Day (defendant), a 27-year-old man, responded and solicited sexual activities with Franklin. Nichols, posing as Franklin, reminded Day that Franklin was 14. Day responded that he “like[d] younger girls.” After exchanging several sexually explicit messages, Day arranged a meeting with Franklin. When Day arrived at the arranged meeting spot, Day was arrested by Nichols on charges of sexually soliciting a minor. At trial, Day raised the defense of entrapment, arguing that Nichols induced him into soliciting Franklin. The trial court refused to instruct the jury on the defense of entrapment, finding that the defense was not supported by the evidence. The jury convicted Day, and Day was sentenced to 20 years in prison. Day appealed.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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