State v. Massey

BERREY, Judge.

Eric Massey appeals his convictions in a jury trial of forcible rape, section 566.030, RSMo 1986, and assault in the first degree, section 565.050, RSMo 1986, for which he was given consecutive sentences of life and fifteen (15) years respectively. Appellant alleges four points of error, specifically: (1) that the trial court erred in overruling his motion to dismiss Count II, assault in the first degree, because the charge was vindictively filed; (2) that the trial court erred in its failure to give a verdict possibilities instruction; (3) that the trial court erred in *182allowing…