Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Tolentino-Geronimo

Court of Appeals of Missouri, Western District, Fourth Division

March 26, 2019

STATE OF MISSOURI, Respondent,
v.
SALVADOR TOLENTINO-GERONIMO, Appellant.

          Appeal from the Circuit Court of Pettis County, Missouri The Honorable Robert L. Koffman, Judge

          Before Karen King Mitchell, Chief Judge, and Mark D. Pfeiffer and Thomas N. Chapman, Judges

          OPINION

          KAREN KING MITCHELL, CHIEF JUDGE

         Salvador Tolentino-Geronimo appeals the denial of his motion for new trial following his conviction for first-degree rape of Victim, who was eleven years old when the crime occurred. Tolentino-Geronimo claims the trial court plainly erred by failing to make a written finding on the record that Victim, who was fifteen years old at the time of trial, was a "child" before administering a "non-traditional oath"[1] under the Child Witness Protection Act, § 491.725.[2] Finding no error, plain or otherwise, we affirm.

         Background

         In June 2017, Victim's friend contacted Detective Mark Morgan with the Pettis County Sheriff's Office and provided information that prompted Detective Morgan to set up an interview for Victim at Child Safe, a child advocacy center. During the Child Safe interview, Victim disclosed that Tolentino-Geronimo had raped her. Following an investigation, Tolentino-Geronimo was charged with rape in the first degree (victim less than twelve years of age) pursuant to § 566.030.

         The case proceeded to a jury trial. Before Victim testified, the trial court engaged in the following discussion with her:

THE COURT: Could you tell me how old you are.
THE WITNESS: I'm 15.
THE COURT: And tell me your name.
THE WITNESS: [B.A.].
THE COURT: Say that again.
THE WITNESS: [B.A.].
THE COURT: Miss [A.], have you ever been in a courtroom ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.