STATE v. COTTON

No. ED 91528.

295 S.W.3d 487 (2009)

STATE of Missouri, Respondent, v. Marvin COTTON, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 29, 2009.

Application for Transfer Denied November 17, 2009.


Attorney(s) appearing for the Case

Scott Thompson, St. Louis, MO, for appellant.

Chris Koster, Atty. Gen., John M. Reeves, Asst. Atty. Gen., Jefferson City, MO, for respondent.


LAWRENCE E. MOONEY, Judge.

Today we are presented with the question of whether a criminal defendant waives his or her protest regarding the expiration of the statute of limitations by failing to raise the issue in the trial court. We answer in the affirmative. The defendant, Marvin Cotton, appeals from his conviction of forcible rape, forcible sodomy, and kidnapping. The defendant argues that the trial court erred in sentencing him for kidnapping because prosecution...

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