Missouri Court of Appeals, Western District / Nov 6, 2018
State of Missouri vs. Andrew Thomas Barbee
Andrew Barbee appealed his conviction for first-degree statutory rape, for which he was sentenced to twenty-five years' imprisonment. The appellate court found the evidence insufficient to prove penetration, which is a statutory requirement for first-degree statutory rape. Consequently, the court reversed the statutory rape conviction and remanded the case with directions to vacate that conviction, enter a conviction for the lesser-included offense of first-degree child molestation, and resentence Barbee accordingly.