Opinion
No. 05-02-01751-CR
Opinion issued May 30, 2003 Do Not Publish
On Appeal from the County Criminal Court, Dallas County, Texas, Trial Court Cause No. MA01-61394-A. AFFIRMED
OPINION
After a jury trial, Helen Virginia Barker appeals her conviction for prostitution. In two issues appellant challenges the legal and factual sufficiency of the evidence to support her conviction. We affirm the trial court's judgment. The record shows that Don Waterston, an undercover police officer, called a telephone number in an advertisement in the Dallas Observer under the name of "Tara." A female identifying herself as Tara answered and told the officer that "a full service session" was $100.00 and that "all the condiments for safe sex would be provided." Tara directed the officer to go to Hawthorne Suites at Greenville Avenue and LBJ Freeway. She indicated that when he arrived, he should call her and she would give him a room number. After arriving at the location, the officer went to the room Tara indicated and was greeted by appellant. The two went into the bedroom, passing another female lying on a couch. Appellant asked if the officer had enough money for her friend in the other room to join them. The officer told her he only had $133.00 and she responded he could see her friend next time. The officer then gave appellant $100.00 and she told him to disrobe. He laid down on the bed. Appellant disrobed and gave the officer a back rub. After a few minutes, she reached for an open condom near the bed and told the officer to "turn over." The officer then asked "If I could have sexual intercourse with her before anything else" and appellant said "Yes." At this point, Waterson identified himself as a police officer and notified his partner who was down the hall. Waterson's partner also testified. He indicated that he acted as back up during the investigation. When reviewing challenges to the legal and factual sufficiency of the evidence, we apply well-known standards. See Jackson v. Virginia, 443 U.S. 307, 319 (1979) (legal sufficiency); Johnson v. State, 23 S.W.3d 1, 11 (Tex. Crim App. 2000) (factual sufficiency). Based on the record before us, we conclude the evidence is legally and factually sufficient to prove appellant offered and agreed to engage in sexual conduct for a fee. See Tex. Pen. Code Ann. § 43.02(a) (Vernon 2003); Jackson, 443 U.S. at 319; Johnson, 23 S.W.3d at 11. We therefore resolve appellant's issues against her. We affirm the trial court's judgment.