Tsui-Hsueh Wang v. State of Indiana (mem. dec.)

CourtIndiana Court of Appeals
DecidedApril 16, 2020
Docket19A-CR-1614
StatusPublished

This text of Tsui-Hsueh Wang v. State of Indiana (mem. dec.) (Tsui-Hsueh Wang v. State of Indiana (mem. dec.)) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tsui-Hsueh Wang v. State of Indiana (mem. dec.), (Ind. Ct. App. 2020).

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Apr 16 2020, 8:56 am court except for the purpose of establishing the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Darren Bedwell Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General of Indiana Indianapolis, Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Tsui-Hsueh Wang, April 16, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-CR-1614 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Mark D. Stoner, Appellee-Plaintiff. Judge The Honorable Jeffrey L. Marchal, Magistrate Trial Court Cause No. 49G06-1803-F5-7600

Shepard, Senior Judge.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-1614 | April 16, 2020 Page 1 of 7 [1] Tsui-Hsueh Wang was convicted of promoting prostitution and two counts of

prostitution. On appeal, she contends the evidence is insufficient to support her

conviction of promoting prostitution. We affirm.

Facts and Procedural History [2] In January of 2018, Detective Julian Wilkerson, who works in the vice and

human trafficking unit of the Indianapolis Metropolitan Police Department,

began investigating Wang’s massage parlor. Wang’s business, located at 5510

West 10th Street in Indianapolis, was incorporated in September of 2013 under

the name “Soho Life Inc.” Wang is the sole shareholder. Detectives Peter

Fekkes and Brian Allen also worked the investigation and made a total of four

undercover visits to the massage parlor.

[3] On January 25, Detectives Wilkerson and Fekkes first visited the massage

parlor. Wilkerson watched the building from the parking lot as Detective

Fekkes went inside and was greeted by Wang. Wang asked Detective Fekkes if

he wanted a massage, and Fekkes replied that he wanted a thirty minute

massage. Wang informed him the massage would cost fifty dollars, plus a

mandatory twenty dollar tip. Detective Fekkes paid cash. Wang led him to a

room, told him to get undressed, and then left the room. Several minutes later

“Nicole” entered and began to massage Detective Fekkes’ back. After about

twenty minutes of the massage, Detective Fekkes turned over, pointed at his

genitals, and asked Nicole how much it would cost to have her massage him

there. Nicole asked for clarification and Detective Fekkes stated that he wanted

Court of Appeals of Indiana | Memorandum Decision 19A-CR-1614 | April 16, 2020 Page 2 of 7 her to masturbate him. Nicole responded that it would cost him one hundred

dollars. Detective Fekkes stated that the price seemed expensive; Nicole

responded that “they charge more at that particular massage parlor because the

girls are more attractive.” Tr. Vol. II, pp. 11-12. Fekkes told her that it was too

expensive, gave her another thirty dollars, and left.

[4] On February 1, Detective Fekkes returned to the massage parlor and was again

greeted by Wang. When Detective Fekkes requested a thirty minute massage,

Wang quoted him the same price. Fekkes paid in cash and was led into a room

by Wang who told him to get undressed. This time Wang came back into the

room and began the massage. After twenty minutes, Detective Fekkes rolled

over, and Wang pointed to his genitals and asked if he would like to be

massaged there quoting him one hundred dollars for the service. When

Detective Fekkes asked if Wang could lower the price, she told him she knew

that he had already seen Nicole and that one hundred dollars was the same

price Nicole offered him for the same service. Wang also stated that oral sex

and sexual intercourse were available at a higher cost. Detective Fekkes stated

he did not have enough money, tipped Wang an additional thirty dollars, and

left.

[5] The following day, Detective Allen went undercover at the massage parlor. On

arrival, he knocked on an interior door of the parlor and was greeted by Wang.

Wang asked Detective Allen how long of a massage he wanted, and Allen

requested a thirty minute massage. Wang told him the price would be fifty

dollars plus a mandatory twenty dollar tip, and Detective Allen gave her eighty

Court of Appeals of Indiana | Memorandum Decision 19A-CR-1614 | April 16, 2020 Page 3 of 7 dollars. Wang massaged Allen’s back for about twenty minutes and then asked

him to turn over. Wang asked if Detective Allen would like anything else, to

which he responded, “[A] hand job.” Id. at 22. When Wang did not

understand, Detective Allen gestured to indicate masturbation. Wang told him

it would cost one hundred dollars. When Detective Allen stated that it was too

expensive, Wang offered to remove her clothing and allow him to touch her for

one hundred dollars. In the alternative, for sixty dollars, she offered to remove

her clothing but would not allow him to touch her. Detective Allen told her

that he did not have enough money and left the massage parlor.

[6] On February 28, Detective Fekkes returned to Wang’s massage parlor for the

third time and had essentially the same experience.

[7] Detective Wilkerson executed a search warrant of Wang’s massage parlor in

March of 2018. The police found an American Express Card with Wang’s

name and the name of the massage parlor, Soho Life, Inc., on the card. They

also found a utility bill bearing Wang’s name and the name of the business.

1 [8] The State charged Wang with promoting prostitution, a Level 5 Felony, and 2 two counts of prostitution, as Class A misdemeanors. Wang waived her right

to a jury trial, and the matter was tried to the bench. The court found Wang

1 Ind. Code § 35-45-4-4 (2017). 2 Ind. Code § 35-45-4-2 (2017).

Court of Appeals of Indiana | Memorandum Decision 19A-CR-1614 | April 16, 2020 Page 4 of 7 guilty on all counts and sentenced her to an aggregate term of two years and

two days, fully suspended except for time served. Wang now appeals.

Discussion and Decision [9] Wang claims the State failed to prove she knew Nicole would engage in

prostitution on the massage parlor’s premises. When reviewing a challenge to

the sufficiency of the evidence underlying a criminal conviction, we neither

reweigh the evidence nor assess the credibility of witnesses. Bailey v. State, 979

N.E.2d 133, 135 (Ind. 2012). We consider only the probative evidence and

reasonable inferences supporting the judgment. Horton v. State, 51 N.E.3d 1154,

1157 (Ind. 2016). We affirm if there is substantial evidence of probative value

supporting each element of the crime from which a reasonable trier of fact

could have found the defendant guilty beyond a reasonable doubt. Bailey, 979

N.E.2d at 135.

[10] To convict Wang of promoting prostitution, the State needed to prove beyond a

reasonable doubt that Wang (1) had control over the use of a place and (2)

knowingly or intentionally permitted another person to use the place for

prostitution. See Ind.

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Related

Elmer J. Bailey v. State of Indiana
979 N.E.2d 133 (Indiana Supreme Court, 2012)
Hightower v. State
866 N.E.2d 356 (Indiana Court of Appeals, 2007)
Duren v. State
720 N.E.2d 1198 (Indiana Court of Appeals, 1999)
Maxwell v. State
731 N.E.2d 459 (Indiana Court of Appeals, 2000)
Adam Horton v. State of Indiana
51 N.E.3d 1154 (Indiana Supreme Court, 2016)

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