Sweeney v. State

SULLIVAN, Judge.

Carolyn Sweeney appeals her conviction for public indecency, a class A misdemean- or under IC. 385-45-4-1 (Burns Code Ed. Repl.1985). The sole issue on appeal is whether Sweeney's conduct occurred in a "public place" within the meaning of the statute. 1

We reverse.

The relevant facts are as follows: On March 10, 1988, Joseph Brannon, a police officer in plain clothes, entered the Adult Toy & Gift Store at 6758 East 38th Street, in Indianapolis. Brannon first passed through an area of the store where there were other customers browsing through books, magazines and films. He then…