State v. Garrison

JEFFREY W. BATES, Presiding Judge.

Landen Garrison (Defendant) appeals from his conviction of statutory sodomy in the first degree. Defendant contends the trial court plainly erred by telling the jury that he would not be testifying. Finding no merit in that contention, this Court affirms.

I. Factual and Procedural Background

Defendant was charged by amended information with committing the unclassified felony of statutory sodomy in the first degree. See § 566.062. 1 The information alleged that D.B. (Victim) was less than 12 years of age at the time of the offense in April 2005. Prior to trial,…