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Mackey v. The State

The trial court properly permitted State to introduce into evidence copies of the birth certificate and social security card found in an underage prostitute's purse when she was arrested and that evidence, along with other evidence, supported defendant's convictions for pimping a person under the age of 18, contributing to the delinquency of a minor and trafficking a person for sexual servitude.

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Doyle, Judge.

Following a jury trial, Charles Mackey appeals from his conviction of pimping a person under the age of 18,[1] contributing to the delinquency of a minor,[2] and trafficking a person for sexual servitude.[3] He challenges the denial of his motion for new trial on the grounds that the trial court erred by (1) admitting a copy of the victim’s birth certificate and social security card, (2) finding the evidence of the victim’s age sufficient, and (3) failing to properly rebuke the prosecutor and instruct the jury after the prosecutor referred to matters not in evidence during closing argument. For the reasons that follow, we affirm.Construed in favor of the verdict,[4] the evidence shows that an undercover officer with the Criminal Investigation Division of the Chamblee Police Department was sent in plain clothes and an unmarked vehicle to investigate suspected prostitution activity at a particular location. Once at the suspected location, the plain clothes officer soon encountered 16-year-old B. W. and, while sitting in his vehicle, asked her if she was “working.” Before she could respond, Mackey approached the officer’s vehicle window and interrupted. The officer asked Mackey if B. W. was “his girl,” and Mackey said yes. The officer apologized, and Mackey replied, “no, that’s cool, she’s working.”

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