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State v. Wilson

Court of Appeals of Missouri, Eastern District, Fourth Division

November 25, 2014

STATE OF MISSOURI, Respondent,
v.
DERRICK WILSON, Appellant

Page 804

Appeal from the Circuit Court of St. Louis County. 10SL-CR08418-01. Honorable Michael D. Burton.

FOR APPELLANT: Amy M. Bartholow, Office of Public Defender, Columbia, MO.

FOR RESPONDENT: Chris Koster, Attorney General, Dora A. Fichter, Asst. Atty. Gen., Jefferson City, MO.

ROBERT M. CLAYTON III, JUDGE. Patricia L. Cohen, P.J., and Roy L. Richter, J., concur.

OPINION

Page 805

ROBERT M. CLAYTON III, JUDGE

Derrick Wilson appeals the judgment entered upon a jury verdict convicting him of two counts of first-degree statutory sodomy and one count of first-degree child molestation. We affirm.

I. BACKGROUND

A. Evidence Adduced at Trial

Wilson was charged with two counts of first-degree statutory sodomy and one count of first-degree child molestation. The following evidence was adduced at Wilson's jury trial.

In September 2010, Wilson was living in an apartment with his girlfriend and two of her children, eleven-year-old B.S. and her nine-year-old brother. The children's older sister, seventeen-year-old A.S., would also sometimes stay the night in the apartment.

On the evening of September 19, 2010, all three children were sleeping in the same bedroom. A.S. and her brother were in the bed, and B.S. was on the floor. At one point, A.S. woke up and saw Wilson's head in between B.S.'s legs and heard Wilson licking and moaning. One of B.S.'s legs was up in the air and the other leg was down, and Wilson's hands were " underneath [B.S.'s] back, butt area."

A.S. did not immediately know what to do, and she stayed in bed for about five minutes. When A.S. got out of bed, Wilson jumped up and said " good morning." Later that night, A.S. went to her grandmother's house, A.S. told her grandmother what she had seen, and the police were contacted.

Wilson was arrested at about 11:00 p.m. on the night of the incident and was subsequently interviewed by police. During the interview, Wilson admitted he touched B.S.'s breasts. Wilson also admitted he placed his finger inside ...


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