STATE OF MISSOURI, Plaintiff-Respondent v. MATTHEW SCOTT O'LEARY

STATE OF MISSOURI, ) ) Plaintiff-Respondent, ) ) v. ) No. SD35410 ) MATTHEW SCOTT O’LEARY, ) Filed: April 16, 2019 ) Defendant-Appellant. ) APPEAL FROM THE CIRCUIT COURT OF BARRY COUNTY Honorable Alan M. Blankenship AFFIRMED In a single point on appeal, Matthew Scott O’Leary (“Defendant”) claims the trial court “erred or plainly erred” in accepting the verdicts finding him guilty “on both counts” (respectively, the lesser-included offenses of second-degree rape and second- degree sodomy1) because when the jury was polled, one juror’s (“Juror 30”) response of “I did agree” indicated either…