STATE v. PAYNE

No. WD 75666.

414 S.W.3d 52 (2013)

STATE of Missouri, Respondent, v. Phillip Glen PAYNE, Appellant.

Missouri Court of Appeals, Western District.

November 26, 2013.


Attorney(s) appearing for the Case

Chris Koster , Attorney General, Evan J. Buchheim , Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Jeannette L. Igbenebor , Appellate Defender, Kansas City, MO, Attorney for Appellant.

Before Division Three: KAREN KING MITCHELL, Presiding Judge, and LISA WHITE HARDWICK and GARY D. WITT, Judges.


KAREN KING MITCHELL, Presiding Judge.

Phillip Payne appeals his conviction for one count of statutory sodomy, entered pursuant to section 566.062,1 for which he was sentenced, following a jury trial, to twenty-five years' imprisonment. Payne argues that the trial court plainly erred in submitting the verdict director, which he alleges failed to sufficiently distinguish for the jury which of the three acts of sodomy

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