Missouri Court of Appeals, Southern District / Jan 31, 2019
STATE OF MISSOURI, Plaintiff-Respondent v. DAVID JAMES MILCENDEAU, Defendant-Appellant
David Milcendeau was convicted of child molestation and statutory sodomy after a jury trial. On appeal, he raised two plain error points concerning venue, arguing the State failed to prove venue and that the prosecutor made an improper comment about venue during closing arguments. The appellate court affirmed the conviction, holding that Milcendeau invited any venue error by failing to object before trial and waived the issue by requesting a change of venue. The court declined to exercise plain error review.