State v. Moesch

SMITH, Presiding Judge.

Defendant was convicted by a jury of sodomy and first degree sexual abuse and sentenced to the jury recommendation of fifteen years and five years respectively, the sentences to run consecutively. He appeals and we affirm.

The victim was defendant’s three year old daughter. The activities upon which the convictions were based occurred while the daughter was in defendant’s temporary custody pursuant to a dissolution decree. The indictment charged that these activities occurred between March and May of 1985. There was no dispute that defendant fully exercised his frequent…