STATE v. PARO

Nos. 68662, 71189.

952 S.W.2d 339 (1997)

STATE of Missouri, Plaintiff/Respondent, v. Robert Michael PARO, Defendant/Appellant. Robert Michael PARO, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

September 16, 1997.


Attorney(s) appearing for the Case

Ellen H. Flottman, Public Defender, Columbia, for defendant/appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jacqueline K. Hamra, Asst. Atty. Gen., Jefferson City, for plaintiff/respondent.


GRIMM, Judge.

A jury found defendant guilty of one count of sodomy and assessed punishment at twenty-two years imprisonment. Defendant appeals, raising three points.

His first point is controlling. In that point, he alleges the trial court committed plain error by giving a verdict directing instruction which was no longer applicable. He contends that at the time the information was filed and the instruction was given, "hand to genital contact did not constitute...

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