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ROSS v. STATE

No. SC 90807.

335 S.W.3d 479 (2011)

Ricky Cheyenne ROSS, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

April 26, 2011.

Attorney(s) appearing for the Case

Craig A. Johnston , Public Defender's Office, Columbia, for Ross.

Daniel N. McPherson , Attorney General's Office, Jefferson City, for the State.

PATRICIA BRECKENRIDGE, Judge.

Ricky C. Ross filed a Rule 24.035 motion challenging the constitutional validity of Missouri's second-degree statutory rape statute, section 566.034,1 under which he was convicted and sentenced. Because Mr. Ross failed to challenge the validity of the statute before pleading guilty to second-degree statutory rape, he waived his constitutional claim. Accordingly, the judgment of the motion court overruling...

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