Court of Appeals of Missouri, Western District, Second Division
from the Circuit Court of Jackson County, Missouri Honorable
Patrick William Campbell, Judge.
Before: Lisa White Hardwick, P.J., Thomas H. Newton, and Mark
D. Pfeiffer, JJ.
H. Newton, Judge.
Brian T. Lewis appeals the judgment and sentence entered by
the Jackson County Circuit Court after a jury convicted him
of two counts of incest, in violation of section 568.020
RSMo. (Supp. 2006). Mr. Lewis is currently serving a 28 year
term of imprisonment. Mr. Lewis contends that the trial court
erred in: (1) finding him guilty and sentencing him on both
counts of incest because the evidence was insufficient to
support the convictions; and (2) misstating Mr. Lewis's
sentence in its written judgment. We affirm and remand with
directions for the trial court to correct the written
judgment as to the sentences.
and Procedural Background
3 the victim told her cousin that her father, Mr. Lewis, had
sexually abused her. In 2015, when the victim was six years
old she told her grandmother that her father peed in her
mouth. Unfortunately for the victim, her family did not
believe her because she had told lies in the past, but she
never made accusations of sexual abuse before. A few months
later in November 2015, the victim once again told her cousin
and grandmother that Mr. Lewis was sexually abusing her. She
alleged that Mr. Lewis would make her choose between 100
whoopings or put his penis in her mouth. She also alleged
Mr. Lewis would make her choose between ten licks or put his
penis in her mouth or private part. The victim described that
her father would "pee" in her mouth. The
grandmother immediately took the victim to her mother's
home, and the family went to Children's Mercy Hospital.
At the hospital, the family met with a social worker, and the
victim identified her father as her sexual abuser in the
presence of social worker.
Lewis was charged in the Circuit Court of Jackson County with
four counts of first-degree sodomy, two counts of
first-degree statutory rape, and two counts of incest. During
the trial, evidence showing that Mr. Lewis was the
victim's father was submitted in several ways: (1) Mr.
Lewis was listed as "father" on the victim's
birth certificate,  (2) every witness called to testify
identified Mr. Lewis as the victim's father,
(3) trial counsel admitted this fact in closing
argument. Specifically, the victim and her family
identified Mr. Lewis as victim's father as follows:
Q. Who are your mom and your dad?
A. My dad -- my stepdad is named Cortez, aka T.J., and my
mom's name is Margaret Lewis.
Q. You said your stepdad, do you have a biological dad or a
A. Yes, ma'am.
Q. And who is that?
A. Brian Lewis.
Q. You said that her dad touches her. Who do you know