State v. Hicks

Brian L. Hicks appeals his conviction following a bench trial for one count of first-degree sexual misconduct (§ 566.093, RSMo 1), a class B misdemeanor, for which he was sentenced to 180 days in the Jackson County Department of Corrections. We affirm.

Background

The evidence presented at Hicks’s bench trial showed that, on the morning of June 1, 2015, Patricia Stefancik was at a McDonald’s restaurant with her husband and noticed Hicks sitting at a nearby table. Stefancik could see that Hicks was holding his exposed penis in his hand and masturbating. Stefancik, who identified Hicks at trial,…