State v. Ralston

Ricky Don Ralston (“Defendant”) appeals the judgment entered after a jury convicted him of second-degree statutory sodomy (Count I), second-degree statutory rape (Count II), and sexual misconduct involving a child less than 15 years of age by indecent exposure (“sexual misconduct”) (Count III). See sections 566.034, 566.064 and 566.083.ia).1

Defendant’s first two points challenge the sufficiency of the State’s evidence to prove: (1) second-degree statutory sodomy “as it was charged in [the] information”2 because the victim testified about a different act and a nurse practitioner’s testimony…