State v. Payne

KAREN KING MITCHELL, Presiding Judge.

Phillip Payne appeals his conviction for one count of statutory sodomy, entered pursuant to section 566.062,1 for which he was sentenced, following a jury trial, to twenty-five years’ imprisonment. Payne argues that the trial court plainly erred in submitting the verdict director, which he alleges failed to sufficiently distinguish for the jury which of the three acts of sodomy *54described by,the victim was at issue, thus violating Payne’s right to a unanimous jury verdict. But because Payne’s defense was a general denial and not an incident-specific…