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Ashmid v. State

The prosecutor's use of an unmarked diagram of the human body while questioning the victim was demonstrative evidence, not improper refreshing of the witness' recollection.

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Following a trial by jury, Lakerim Ashmid was convicted on one count of child molestation. He appeals this conviction, contending that 1 the trial court erred by allowing the victim to refresh her recollection, 2 a potential juror was improperly struck for cause, and 3 that he received ineffective assistance of counsel when his trial counsel failed to obtain criminal histories on state witnesses or make proper objections in three specific instances. For the reasons set forth infra, we affirm Ashmid’s conviction.

Viewed in the light most favorable to the jury’s guilty verdict,1 the record reflects that Ashmid, who is from New York, was staying at the home of his cousin, his cousin’s girlfriend, and their child, J. S., in September of 2005. J. S. was three years old at the time and, because her parents worked different shifts, there was a brief period of time during the day in which neither parent was home to care for the child. Thus, during the three- to four-week period in which Ashmid stayed with the family, he watched J. S. daily from approximately 4 p.m. until 5 p.m.

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