State of Tennessee v. Clyde E. Willis

The Defendant, Clyde E. Willis, was convicted by a Madison County Circuit Court jury of trafficking for a commercial sex act from a law enforcement officer posing as a minor, a Class B felony; patronizing prostitution from a law enforcement officer posing as a minor, a Class A misdemeanor; and solicitation of a law enforcement officer posing as a minor to commit aggravated statutory rape, a Class D felony. See T.C.A. §§ 39-13-309(a)(3) (Supp. 2019) (subsequently amended) (trafficking for a commercial sex act from a law enforcement officer posing as a minor), 39-13-514(a)(2) (Supp. 2019) (subsequently amended) (patronizing prostitution from a law enforcement officer), 39-13-528(a)(7) (2018) (solicitation of a law enforcement officer posing as a minor to commit statutory rape). The trial court merged the patronizing prostitution conviction with the trafficking conviction and sentenced the Defendant to an effective nine-year sentence in the Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support his conviction of trafficking for a commercial sex act and that his convictions for patronizing prosecution from a law enforcement officer posing as a minor and for solicitation for a commercial sex act from a law enforcement officer posing as a minor violate double jeopardy and must be merged. Because we agree that the evidence is insufficient to support the trafficking conviction, we vacate the conviction, reverse the judgment, and dismiss the charge. We affirm the Defendant’s remaining convictions, and we remand for completion of sentencing for the patronizing prostitution conviction and entry of an amended judgment.