State v. Frankenberg

PARRISH, Chief Judge.

Mark A. Frankenberg (defendant) was found guilty, following a jury trial, of sodomy and sentenced to imprisonment for a term of 10 years. § 566.060.3, RSMo Supp.1990. Defendant appeals contending the trial court erred in giving MAI-CR 3d 310.12 as a jury instruction. This court reverses and remands the case for a new trial.

Defendant and his girlfriend (now his "wife) were visiting her relatives in Salem, Missouri. They were staying with defendant’s girlfriend’s cousin. An eleven-year-old relative of defendant’s girlfriend was also there. The girlfriend’s relative, a girl,…