Missouri Court of Appeals, Western District / Mar 30, 2021
State of Missouri vs. Martese Jamon Johnson Winters
Martese Jamon Johnson Winters appealed his convictions for rape, sodomy, and sexual exploitation of a minor, specifically challenging the trial court's sentencing. Winters argued the court erred by imposing a total sentence of twenty years, which he claimed exceeded the jury's recommended total term due to alleged misinstruction regarding concurrent sentences. The appellate court affirmed the judgment, finding Winters's claims of error were not preserved for review due to affirmative waiver. Even under plain error review, the court concluded that the jury's recommendation for concurrent sentences was advisory and not binding, and thus no manifest injustice occurred.