State v. Phelps

LOWENSTEIN, Presiding Judge.

Loren Phelps (“Defendant”) appeals the judgment entered upon his conviction following a jury trial of one count of sodomy, § 566.060 RSMo.1994,1 for which he was sentenced to five years in prison. Defendant was found not guilty on eleven other counts of sodomy. On appeal, the Defendant argues that the trial court erred in (1) improperly instructing the jury as to the range of punishment for the offense alleged; and (2) overruling defense counsel’s motion for judgment of acquittal because the jury’s verdict was inconsistent and there was insufficient evidence to…