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Chavez v. State

The defendant failed to prove his ineffective assistance of trial counsel claims after he was convicted of rape, aggravated sexual battery, aggravated child molestation and child molestation.

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A Gwinnett County jury found Antonio Cacique Chavez guilty of one count of rape OCGA § 16-6-1, one count of aggravated sexual battery OCGA § 16-6-22.2, two counts of aggravated child molestation OCGA § 16-6-4 c, and one count of child molestation OCGA § 16-6-4 a. The trial court denied Chavez’s motion for new trial as amended and Chavez appeals, arguing that he received ineffective assistance of trial counsel due to a host of alleged errors. We affirm.

Viewed in a light most favorable to the jury’s verdict, the evidence adduced at trial revealed that the victim lived with her mother, brothers, sister-in-law and nephew at a residence in Gwinnett County. The family moved to the house when the victim was approximately eight years old. At the same time, Chavez moved into the residence and subsequently began a sexual relationship with the victim’s mother. Initially, the victim liked Chavez because he played games with her and helped take care of her when her mother worked a night-shift job. Her feelings for Chavez changed, however, when he did “bad stuff” to her.

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