State v. Spencer

Introduction

In 1999, Frederick Spencer ("Appellant") was found guilty by a City of St. Louis jury of forcible rape and forcible sodomy. Appellant was sentenced to 15 years imprisonment on six total counts and has fully served his time. Appellant filed a motion under § 547.0371 and a habeas corpus claim under Rule 912 asserting re-examination of DNA testing would demonstrate his innocence and entitles him to release from custody and a new trial. The motion court found the § 547.037 motion must be denied because the required prerequisites under § 547.035 were not met. The court denied the Rule…