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Pepe-Frazier v. State

The defendant failed to prove his several ineffective assistance of trial counsel claims.

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Following a trial by jury, David Pepe-Frazier was convicted of trafficking of persons for sexual servitude, pimping, aggravated child molestation, enticing a child for indecent purposes, and contributing to the delinquency of a minor. On appeal from these convictions, Pepe-Frazier argues that 1 the trial court erred by admitting prior consistent statements of the victim, 2 the trial court erred by qualifying two expert witnesses, and 3 he received ineffective assistance in various regards. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s guilty verdict,1 the record reflects that on April 18, 2009, the then 14-year-old victim encountered Pepe-Frazier when he offered her a ride. The victim was initially hesitant to accept Pepe-Frazier’s offer, but upon noticing that his vehicle was occupied with another male and two young females, she agreed to do so. Pepe-Frazier then drove the group to a house, where the victim spoke at length with the other male, who she came to know as “Swatt” and who was later identified as Harvey White, before engaging in sexual intercourse with him.

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