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Curry v. State

Court of Appeals of Georgia

February 5, 2015

CURRY
v.
THE STATE

Pimping, etc. DeKalb Superior Court. Before Judge Flake.

Michael W. Tarleton, James C. Bonner, Jr., for appellant.

Robert D. James, Jr., District Attorney, Leonora Grant, Assistant District Attorney, for appellee.

OPINION

Page 792

Dillard, Judge.

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.

[330 Ga.App. 611] 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.

Subsequently, A. E. met Curry at a hotel, and after a brief conversation, she agreed to go live with him at a residence in Decatur. In the beginning, A. E. had her own bedroom, but later, she moved into Curry's room and began a sexual relationship with him. A. E. felt that she had no choice but to have sex with Curry because she thought he would harm her if she refused.

While living with Curry, A. E. and the other girls would solicit clients to pay them for sex, and they would have sex with these men at Curry's house in the " work room." Curry set the prices and time frames for A. E. to meet clients, and she was required to give him all of the money that she earned. Additionally, while working for Curry, A. E. was not allowed to leave the house without him, say no to him, or have any money. A. E. testified that Curry provided her with alcohol and drugs, and she could not recall going a day sober.

At some point, Curry instructed A. E. to recruit another girl to work for him, and she contacted her 16-year-old friend, S. S., in an attempt to do so. A. E. lied to S. S. to lure her to Curry's house, but after meeting Curry, S. S. ultimately agreed to move in and begin working for him. And while living with Curry, S. S.--just like A. E.--was sold to men to perform sexual acts, and she too was required to give all of the proceeds to Curry. S. S. testified that she was " very, very scared" of Curry, and that she wanted to go home.

On one occasion, Curry learned that A. E. had communicated with another pimp, and he beat her with a belt and a wire hanger. Nonetheless, she continued to comply with his directives because it was the only way to keep " from getting harmed" and she did not want to " get beat" again. On another occasion, Curry took A. E. and S. S. to [330 Ga.App. 612] a club where he gave them ecstasy, and when they returned home, he " took advantage" of A. E. Later that night, after Curry fell asleep, A. E. ran out of the house half naked and screaming for help. A neighbor heard her screams and called the police, who then transported her to a nearby hospital for examination. The next morning, police officers went to Curry's house, kicked down the door, and found Curry and S. S. inside. After inspecting the home, the officers arrested Curry and took S. S. to a hospital.

Thereafter, Curry was charged with 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 aggravated assault, two counts of contributing to the delinquency of a minor, one count of obstruction of a law-enforcement officer, one count of conspiracy to commit false statements, one count of keeping a place of prostitution for person

Page 793

under 18, and one count of giving false information to a law-enforcement officer. Curry moved for a directed verdict as to one charge of contributing to the delinquency of a minor and the charge of conspiracy to commit false statements, and the trial court granted that motion. After a jury trial, Curry was found not guilty of both aggravated-assault charges and one count of ...


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