State v. Frezzell

ULRICH, Chief Judge, Presiding Judge.

Perry Lee Frezzell appeals his conviction for second degree statutory sodomy, section 566.064,1 and sentence as a prior offender to a four-year term of imprisonment. Mr. Frezzell, more than twenty-one years of age, was convicted of having sodomized J.R., a fifteen-year-old boy, by performing fellatio on him. He claims that the trial court erred in (1) finding him competent to stand trial, (2) refusing to submit the affirmative defense that he reasonably believed the victim was seventeen years of age or older, and (3) instructing the jury that a mental…