State v. Ellis

SMITH, Presiding Judge.

Defendant appeals from his conviction of deviate sexual assault in the first degree, § 566.070 RSMo 1986, and the sentence of one year in the county jail imposed by the jury and a $2500 fine imposed by the court. We reverse and remand.

Defendant managed a pet store in the neighborhood of the victim’s residence. The victim was an illiterate fifteen year-old boy with some impairment of learning ability. His sixteenth birthday was on March 9, 1990. The amended information alleged that “on or about December 25, 1989, to March 1, 1990” the defendant had deviate sexual…