State v. Fogle

GRIMM, Judge.

In this jury tried case, Donald Fogle, Jr., appeals from his conviction of rape, in violation of § 566.030, RSMo.1986. Fogle was sentenced to five years in the Missouri Department of Corrections and Human Resources.

The appeal raises three issues. First, whether allowing the four-year-old victim to testify without a demonstration of competency violated appellant's due process rights under the Fifth and Fourteenth Amendments to the United States Constitution and Article 1, Section 10 of the Missouri Constitution. Based on the recent decision of State v. Williams, 729 S.W.2d 197…