Missouri Court of Appeals, Western District / Dec 3, 2019
State of Missouri vs. Jerrill A. Green
Jerrill Green appealed his convictions for sodomy in the second degree, assault in the third degree, and felonious restraint. The appellate court reversed Green's conviction for felonious restraint, holding it was not a lesser-included offense of kidnapping and thus a conviction for an uncharged crime. The court affirmed the convictions for sodomy and assault, finding Green waived his instructional error claims. Finally, the court vacated the consecutive sentence for sodomy, concluding the trial court erred in its interpretation of the sentencing statute.