Judge Michelle Armstrong
Watts was charged with fraudulent accosting and moved for dismissal for facial insufficiency. An informant claimed Watts offered to sell four tickets to the show “Book of Mormon” for $800, providing ticket numbers that were verified by the show’s manager to be counterfeit. Watts claimed the information was jurisdictionally defective as the “public place” element of the charge was unsupported by the evidentiary allegations. The court found Watts’ attempt to sell the tickets for $800 and that they were counterfeit stated sufficient facts of an evidentiary nature to establish the requisite mens rea of intent to defraud by “trick or swindle.” It also found Watts’ alleged conduct satisfied the requisite accosting element as he took affirmative action to contact and meet with the informant. But the court ruled the “public place” element was unsupported by evidentiary allegations, noting the information only alleged the offense occurred inside “1335 Avenue of Americas.” It noted prosecutors failed to plead facts indicating the type of structure located at the address, and the information was devoid of facts demonstrating reasonable cause the charged offense occurred in a public place. Thus, the information was jurisdictionally defective and dismissed.
