State v. Blue

CRIST, Judge.

Defendant appeals his conviction by a jury of rape and sodomy of a ten-year-old girl (victim) and the denial of his post-conviction relief motion without an eviden-tiary hearing. We affirm the convictions and reverse and remand for an evidentiary hearing on the amended Rule 29.15 motion.

Viewed in a light most favorable to the verdict, the evidence reveals defendant started dating victim’s mother (mother) sometime in 1983 when defendant was 15 and mother was 23. Two years later, in 1985, defendant moved in with mother and her two daughters at mother’s residence.

On August 1, 1987,…