State v. Holmsley

Maverick Holmsley was convicted of two counts of sodomy in the first degree and two counts of attempted sodomy in the *408first degree, section 566.060.1 The trial court sentenced him to a five-year prison term on each of the four counts, to be served concurrently.

On appeal, Mr. Holmsley asserts the trial court abused its discretion by overruling his motion for new trial in that the state failed to rebut the presumption he was prejudiced by a juror's attempt to leave during deliberations. He further contends the trial court erred in overruling his objection to the state's closing argument…