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STATE v. WINEGARNER

No. 24676.

87 S.W.3d 923 (2002)

STATE of Missouri, Respondent, v. Vernon WINEGARNER, Appellant.

Missouri Court of Appeals, Southern District, Division One.

November 7, 2002.

Attorney(s) appearing for the Case

Irene Karns, Assistant Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Dora A. Fichter, Asst. Atty. Gen., Jefferson City, for Respondent.

KERRY L. MONTGOMERY, Presiding Judge.

A jury convicted Vernon Winegarner (Defendant) of the class A felony of statutory rape, § 566.032.1 He was sentenced to twenty years' imprisonment in the Department of Corrections. His only point on appeal alleges the trial court erred in ruling that the victim, D.L.,2 was unavailable to testify under § 491.075. We affirm.

Viewed in the light most favorable...

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