Ross v. State

PATRICIA BRECKENRIDGE, Judge.

Ricky C. Ross filed a Rule 24.035 motion challenging the constitutional validity of Missouri’s second-degree statutory rape statute, section 566.034, 1 under which he was convicted and sentenced. Because Mr. Ross failed to challenge the validity of the statute before pleading guilty to second-degree statutory rape, he waived his constitutional claim. Accordingly, the judgment of the motion court overruling his motion for post-conviction relief is affirmed.

Factual and Procedural Background

Mr. Ross was charged by information as a prior and persistent offender with…