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State v. Chavez

Court of Appeals of North Carolina

June 16, 2015

STATE OF NORTH CAROLINA
v.
DANIEL TEJEDA CHAVEZ

As Corrected July 1, 2015.

Heard in the Court of Appeals March 3, 2015

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Davidson County, Nos. 11 CRS 57861, 58157, 12 CRS 1837.

Attorney General Roy Cooper, bye Special Deputy Attorney General Lauren M. Clemmons, for the State.

Michael E. Casterline for defendant-appellant.

McCULLOUGH, Judge. Judges CALABRIA and DIETZ concur.

OPINION

Page 109

Appeal by defendant from judgments entered 17 April 2014 by Judge W. David Lee in Davidson County Superior Court. Heard in the Court of Appeals 3 March 2015.

McCULLOUGH, Judge.

Daniel Tejeda Chavez (" defendant" ) appeals from judgments entered upon his convictions for indecent liberties with a child (11 CRS 57861) in violation of N.C. Gen. Stat. § 14-202.1, statutory rape of a person 13, 14, or 15 years old (11 CRS 58157) in violation of N.C. Gen. Stat. § 14-27.7A(a), and statutory

Page 110

sex offense of a person 13, 14, or 15 years old (12 CRS 1837) in violation of N.C. Gen. Stat. § 14-27.7A(a). For the following reasons, we find no error.

I. Background

On 2 April 2012, a Davidson County Grand Jury indicted defendant on the following three charges that occurred between 13 May 2009 and 15 November 2011: one count of indecent liberties with a child, one count of statutory rape of person 13, 14, or 15 years old, and one count of statutory sex offense of person 13, 14, or 15 years old. Defendant pled not guilty and his case came on for trial in Davidson County Superior Court before the Honorable W. David Lee on 14 April 2014.

At trial, the State's evidence tended to show the following: Defendant began a relationship with Amanda Balderas (" Amanda" ) around the year 2005. Shortly thereafter, Amanda, along with two of her daughters, Ava and Helen, moved into defendant's home in Thomasville, North Carolina.[1] At that time, Ava was seven years old and Helen was five years old. In 2007, defendant and Amanda gave birth to their own child, Lisa.

Ava's testimony revealed that when she was approximately ten or eleven years old, defendant began to " touch" her. Defendant began touching her leg and progressed to touching her breasts. Ava testified the touching " got worse" as she got older. When Ava was approximately thirteen or fourteen years old, defendant began touching her " everywhere," including her breasts, bottom, and vagina. The defendant would take Ava into his bedroom, undress her, and " play" with her vagina and breasts. Defendant put his hands inside and outside of Ava's vagina, and eventually engaged in sexual intercourse. Ava testified that the sexual intercourse " happened multiple times; I couldn't count." However, Ava told a forensic interviewer that defendant " had touched her body more than 50 times and had sex with her more than 30." Ava told defendant to stop " once or twice," but was reluctant to tell him to stop every time because she was scared of ...


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