State v. Gabbard

DOWD, Judge.

Defendant appeals from the judgment of conviction, after a jury trial, for first degree sexual abuse, § 566.100, RSMo Supp.1990. The jury recommended a three-year sentence and the court sentenced Defendant accordingly. Defendant also appeals the denial of his Rule 29.15 motion without an eviden-tiary hearing. In this consolidated appeal, we affirm the judgment of conviction and reverse and remand as to the Rule 29.15 motion.

Defendant does not challenge the sufficiency of evidence supporting his conviction. We summarize the evidence adduced. Defendant lived with victim’s mother in…