STATE v. POND

No. SC 85500.

131 S.W.3d 792 (2004)

STATE of Missouri, Respondent, v. Casey N. POND, Appellant.

Supreme Court of Missouri, En Banc.

April 13, 2004.


Attorney(s) appearing for the Case

Craig A. Johnston, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen L. Kramer, Asst. Atty. Gen., Jefferson City, for respondent.


DUANE BENTON, Judge.

The State charged Casey N. Pond with statutory sodomy in the first degree. At trial, the circuit court refused to instruct on the lesser offense of child molestation in the first degree. Pond was sentenced, as a prior offender, to 15 years imprisonment. He asserts error in not instructing on the lesser offense, and in finding him a prior offender. After opinion by the Court of Appeals, this Court granted transfer. Mo. Const. art. V, sec. 10...

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