State v. Burgin

Introduction

John Burgin (“Burgin”) appeals from a judgment after a jury found him guilty of two counts of sexual misconduct involving a child in violation of Section Sdd.OSS.Rl). 1 The trial court sentenced Burgin to two concurrent terms of four years’ imprisonment.

Burgin raises two points on appeal. First, Burgin claims that the trial court plainly erred in entering a judgment and conviction under Section 566.083.1(1) because the statute was invalidated by the Missouri Supreme Court shortly after his conviction. Second, he claims that the trial court abused its discretion by allowing…