Joseph M. Johnson, III v. State of Indiana

FRIEDLANDER, Judge.

[1] Joseph M. Johnson III appeals his conviction of Criminal Trespass, 1 a class A misdemeanor, presenting the following restated issues for review:

1. Is the criminal trespass statute unconstitutionally vague as applied in this case?

2. Did the court properly apply the “mistake of fact” defense?

3. Was the evidence sufficient to sustain the conviction?

We affirm.

[3] The facts favorable to the conviction are that approximately five years before the events that culminated in this conviction, Johnson and Danielle Lee had an extramarital affair. The relationship ended abruptly but…