State v. Hogan

KELLY, Judge.

Larry C. Hogan appeals his conviction by a jury of rape; § 566.030 RSMo 1986. He was sentenced by the court as a persistent offender to twenty-five years imprisonment to be served consecutively with another sentence imposed in St. Louis County. We affirm.

The sufficiency of the evidence is not challenged. Viewed in the light most favorable to the state, the record reveals the following facts.

Simone Smittie, the 13 year old victim, was visiting her aunt, Margaret Motley, in June of 1986. At that time, Ms. Motley was engaged to appellant. 1

On June 21, 1986, appellant and Simone…