State v. Elmore

BERREY, Judge.

Appellant (hereinafter defendant) was convicted by a jury of sexual assault in the first degree and punishment assessed at two (2) years imprisonment.

The defendant alleges two points of error: (1) that the trial court erred in not giving MAI-CR 2.37.2.2 and 20.04.2 instructions because defendant had established a genuine factual dispute as to his mistaken belief of the age of the victim; and (2) that the state failed to present sufficient evidence that intercourse had occurred.

L.M.R., the victim, was born on May 8, 1968, and in January 1984, the time the crime was committed, she…