Missouri Court of Appeals, Southern District / May 7, 2024
STATE OF MISSOURI, Plaintiff-Respondent vs. ELMER ANTONIO NIETO, Defendant-Appellant
Elmer Antonio Nieto appealed his conviction for child molestation in the second degree following a jury trial. He argued the trial court plainly erred by not declaring a mistrial due to the State's closing argument, and that there was insufficient evidence to support the conviction. The appellate court denied all three points on appeal, affirming the judgment of conviction. However, the court remanded the case to the trial court with instructions to correct clerical errors in the written judgment via a nunc pro tunc order to accurately reflect the jury's verdicts.