State v. Winegarner

KERRY L. MONTGOMERY, Presiding Judge.

A jury convicted Vernon Winegarner (Defendant) of the class A felony of statutory rape, § 566.032.1 He was sentenced to twenty years’ imprisonment in the Department of Corrections. His only point on appeal alleges the trial court erred in ruling that the victim, D.L.,2 was unavailable to testify under § 491.075. We affirm.

Viewed in the light most favorable to the verdict, State v. Kelley, 945 S.W.2d 611, 613 (Mo.App.1997), the following evidence was adduced at trial. Cap Lassen (Father) and Kristina Huisinger (Mother) began leaving their…