State v. FASSERO

GARY M. GAERTNER, JR., Judge.

Introduction

Brain B. Fassero (Defendant) appeals from the judgment of the trial court entered upon a retrial by jury of the penalty phase and sentencing portion of his trial in which a jury found him guilty of one count of child molestation in the first degree, in violation of Section 566.067 RSMo 2000. We affirm.

Factual and Procedural Background

Defendant was convicted in 2005, after a jury retrial, of first-degree child molestation and sentenced to a 15-year prison term. State v. Fassero, 256 S.W.3d 109, 114 (Mo. banc 2008). During the penalty phase of…