STATE v. LOPEZ-McCURDY

No. 27921.

266 S.W.3d 874 (2008)

STATE of Missouri, Plaintiff-Respondent, v. Jose Luis LOPEZ-McCURDY, Jr., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

October 27, 2008.


Attorney(s) appearing for the Case

Kent Denzel, Columbia, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen. Evan J. Buchheim, Asst. Atty. Gen. of Jefferson City, MO, Respondent.


JEFFREY W. BATES, Judge.

After a jury trial, Jose Lopez-McCurdy, Jr. (Defendant) was convicted of the forcible rape of A.M. On appeal, Defendant presents two points for decision. In Point I, Defendant contends the trial court erred in denying Defendant's motion for judgment of acquittal because the State failed to prove the element of forcible compulsion. In Point II, Defendant contends the trial court committed plain error in failing to grant a new trial based upon...

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