STATE v. WYBLE

No. WD 65139.

211 S.W.3d 125 (2007)

STATE of Missouri, Respondent, v. Joshua Joe WYBLE, Appellant.

Missouri Court of Appeals, Western District.

January 9, 2007.


Attorney(s) appearing for the Case

Kent Denzel, Asst. State Public Defender, Columbia, MO, for appellant.

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

Before THOMAS H. NEWTON, P.J., JAMES M. SMART, JR., and JOSEPH M. ELLIS, JJ.


JAMES M. SMART, JR., Judge.

Joshua Wyble appeals his conviction for first-degree statutory sodomy, section 566.062.1 No grounds for appeal were preserved because the appellant failed to file a motion for new trial. Nevertheless, Wyble contends that the trial court plainly erred in allowing testimony under section 491.075 RSMo, because there was insufficient evidence to show that the young victim was unavailable to testify. Wyble asserts...

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