Case: State of Missouri v. David R. Bullock, 03CR679889.MO, [www.courts.mo.gov/casenet]
Facts: At the time of the filing of his appeal, Mr. David R. Bullock had been charged and convicted of attempted statutory rape (under RSMO 566.032 and 564.011) and attempted sexual exploitation of a minor (under RSMO 564.011 and RSMO 566.032). David R. Bullock engaged in several conversations via email and chat rooms with a Newton County Deputy Sheriff who was conducting a sting operation against pedophiles. The Deputy took on a persona of a thirteen year old female by the name of “Ashley Anne”. Many of the conversations that took place between Mr. Bullock and “Ashley” were of a sexual nature. During conversations between …show more content…
Decision: Yes. The appellant court affirmed the judgment of the lower court and upheld the defendant’s conviction.
Rationale: The court reasons that the defense of entrapment is only available to a defendant if there is evidence both of an unlawful inducement by police to commit an unlawful act and the absence of a predisposition to engage in such conduct (the defendant was not "ready and willing") to commit an unlawful act. Also, the defense of entrapment is an affirmative defense by which the defendant must admit having engaged in the proscribed conduct to be entitled to an entrapment instruction, which the defendant did not. Concerning the sufficiency of evidence “substantial steps”, the court found the analysis in State v. Young, 139 S.W.3d 194 (Mo. App. W.D. 2004), to be accurate and similar to the case at hand. In this case, the defendant engaged in e-mails and instant messaging of a sexual nature with a sheriff posing as a 14-year-old girl. Id. at 195. The defendant made plans to meet the victim at a bowling alley at a specific day and time and told the victim that he would be bringing condoms, alcoholic beverages, and lubricant. Id. After the defendant arrived at the meeting place and was found with condoms, four wine coolers and lubricant, he was arrest. These acts were considered to be a