State of Missouri v. Jason L. Berry

Mr, Jason Berry (“Berry”) appeals from his convictions for the class B felony of burglary in the first degree, § 569.160; 1 the unclassified felony of rape in the first degree, § 566.030; and the class B felony of sexual abuse in the first degree, § 566.100, following a jury trial in the Circuit Court of Jackson County, Missouri (“trial court”). Berry claims the trial court plainly erred in instructing the jury and in sentencing. We affirm Berry’s convictions, vacate his sentence on Count IV (first-degree sexual abuse), and remand with directions to resentence Berry consistent with today’s…