State v. Frazee, 111519 AZAPP2, 2 CA-CR 2019-0067

Docket Nº:2 CA-CR 2019-0067
Opinion Judge:EPPICH, PRESIDING JUDGE.
Party Name:The State of Arizona, Appellee, v. Kevin Edward Frazee, Appellant.
Attorney:Mark Brnovich, Arizona Attorney General Joseph T. Maziarz, Chief Counsel By Jillian B. Francis, Assistant Attorney General, Phoenix Counsel for Appellee Vanessa C. Moss, Tucson Counsel for Appellant
Judge Panel:Presiding Judge Eppich authored the decision of the Court, in which Judge Eckerstrom and Judge Espinosa concurred.
Case Date:November 15, 2019
Court:Court of Appeals of Arizona
 
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The State of Arizona, Appellee,

v.

Kevin Edward Frazee, Appellant.

No. 2 CA-CR 2019-0067

Court of Appeals of Arizona, Second Division

November 15, 2019

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Pima County No. CR20174651001 The Honorable Jeffrey T. Bergin, Judge.

Mark Brnovich, Arizona Attorney General Joseph T. Maziarz, Chief Counsel By Jillian B. Francis, Assistant Attorney General, Phoenix Counsel for Appellee

Vanessa C. Moss, Tucson Counsel for Appellant

Presiding Judge Eppich authored the decision of the Court, in which Judge Eckerstrom and Judge Espinosa concurred.

MEMORANDUM DECISION

EPPICH, PRESIDING JUDGE.

¶1 After a jury trial, Kevin Frazee was convicted of five counts of sexual exploitation of a minor under the age of fifteen. He now appeals, contending the trial court erred by admitting the expert testimony of a forensic interviewer. We affirm.

Factual and Procedural Background

¶2 In August 2017, Frazee lived with his wife Crystal, Crystal's father and uncle, and Crystal's two children: her eight-year-old daughter, C.P., and her six-year-old son, L.P. Frazee was the adoptive father of the children.

¶3 One weekday morning, Crystal left home for work and her uncle helped the children get ready for school. As he helped C.P. tie her shoes, Frazee called C.P. to come downstairs for breakfast. C.P. did so and Frazee asked her to come into his bedroom. After C.P. entered, Frazee locked the door and told C.P. to undress and put on her mother's high heels. Frazee then used his cell phone to take multiple nude photographs of C.P. in her mother's high heels.

¶4 L.P. knocked on the door while this was occurring and Frazee told him that C.P. was doing something for him. C.P. then put her clothes back on and walked out of the bedroom into the kitchen. L.P. asked C.P. what she was doing. C.P. responded, "I can't tell you. It's a secret between me and dad."

¶5 Crystal's uncle overheard this and asked C.P. what was going on. C.P. responded, "Dad took pictures of me naked." After Frazee and the kids left that morning...

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