State v. Ward, No. ED 102138

CourtCourt of Appeal of Missouri (US)
Writing for the CourtJames M. Dowd, Judge
Citation485 S.W.3d 380
Parties State of Missouri, Respondent, v. Ronald Ward, Appellant.
Decision Date29 March 2016
Docket NumberNo. ED 102138

485 S.W.3d 380

State of Missouri, Respondent,
v.
Ronald Ward, Appellant.

No. ED 102138

Missouri Court of Appeals, Eastern District, DIVISION THREE .

Filed: March 29, 2016


Timothy J. Forneris, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101, for Appellant.

Chris Koster, Shaun J. Mackelprang, P.O. Box 899, Jefferson City, Missouri 65102, for Respondent.

OPINION

James M. Dowd, Judge

Ronald Ward appeals his convictions following a jury trial in the Circuit Court of the City of St. Louis of four counts of first-degree statutory sodomy. In his sole point on appeal, Ward contends that the trial court erred by refusing to instruct the jury on first-degree sexual misconduct as a lesser included offense of first-degree statutory sodomy. We affirm because first-degree sexual misconduct as defined by section 566.0901 is not a lesser included offense of first-degree statutory sodomy.

485 S.W.3d 381

Factual and Procedural Background

Ronald Ward was convicted of four counts of first-degree statutory sodomy, among other offenses, for engaging in a series of illicit sexual activities with his two nieces, neither of whom was above eight years old. At trial, Ward requested that the court instruct the jury on first-degree sexual misconduct, which he claims is a lesser included offense of first-degree statutory sodomy. The trial court refused and this appeal follows.

Standard of Review

Where the issue is preserved, we review de novo a trial court's decision whether to give a jury instruction requested under section 556.046, and if the statutory requirements for giving such an instruction are met, a failure to give a requested instruction is reversible error. State v. Jackson, 433 S.W.3d 390, 395 (Mo.banc 2014) (footnote omitted).

Discussion

An offense is a lesser included offense when (1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it is specifically denominated by statute as a lesser degree of the...

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1 practice notes
  • Dixon v. Mo. State Highway Patrol, WD 82346
    • United States
    • Court of Appeal of Missouri (US)
    • September 24, 2019
    ...degree, was repealed. The offense was "transferred to section 566.101 and renamed second-degree sexual abuse." State v. Ward , 485 S.W.3d 380, 380 n.1 (Mo. App. E.D. 2016).4 As a result of the repeal of § 566.090, and the elimination of what had been the first-degree offense, the ......
1 cases
  • Dixon v. Mo. State Highway Patrol, WD 82346
    • United States
    • Court of Appeal of Missouri (US)
    • September 24, 2019
    ...degree, was repealed. The offense was "transferred to section 566.101 and renamed second-degree sexual abuse." State v. Ward , 485 S.W.3d 380, 380 n.1 (Mo. App. E.D. 2016).4 As a result of the repeal of § 566.090, and the elimination of what had been the first-degree offense, the ......

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