State v. Carey

SIMON, Judge.

Appellant Landis Carey was convicted after a jury trial of one count of first degree sexual abuse, Section 566.100, RSMo.1986, and sentenced as a prior and persistent offender to six years imprisonment. He also appeals the denial of his Rule 29.15 motion without an evidentiary hearing.

The facts adduced at trial, viewed in the light most favorable to respondent, revealed the following. The victim, L.B., was five years old on March 31 and April 1, 1988. She lived with her mother, B.D., and two of her brothers. B.D. and appellant were friends, and occasionally appellant would stay…