Soto v. State

Milton Soto pleaded guilty to first-degree statutory sodomy in violation of section 566.062, RSMo 2000. He subsequently filed a post-conviction motion pursuant to Rule 24.035 contending there was an insufficient factual basis for his plea in that there was no evidence of penetration. The motion court denied relief. Soto appeals. 1 Under the facts of this case, penetration was not an element of the offense. The judgment is affirmed.

The facts forming the basis of the plea

At the plea hearing, the prosecutor stated that the evidence would show that Soto placed the hand of a four-year-old on…