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Curry v. State

Similar transaction evidence was admissible for a purpose other than the defendant's character, as his not guilty plea made intent a material issue.

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Following a jury trial, Darryl Curry was convicted of two counts of trafficking of persons for sexual servitude, two counts of pimping for person under 18, two counts of sexual exploitation of children, two counts of false imprisonment, two counts of cruelty to children in the first degree, two counts of simple battery, and one count of obstruction of a law-enforcement officer. Curry appeals, arguing that the trial court erred by admitting similar-transaction evidence and by instructing the jury in a manner that was inconsistent with the indictment. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that A. E., who is originally from Texas, began running away from home when she was 14 or 15 years old, and eventually, she relocated to Georgia. A. E. testified that she began running away because she had a difficult home life and experienced physical and sexual abuse. When she was almost 16 years old, A. E. joined “the life,” which she described as becoming the “property of somebody else.” Between the ages of 16 and 17, A. E. worked for eight or nine pimps in Texas and Georgia, and she lost count of how many men she had been sold to for sex. When she was 17 years old, A. E. posted an advertisement online seeking work as a prostitute because she was low on money, and Curry responded. Although she did not remember his exact words, A. E. could tell from Curry’s response that he was a pimp and wanted her to work for him.

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