Missouri Court of Appeals, 2011

State v. Frisella

State v. Frisella
Missouri Court of Appeals · Decided April 19, 2011 · Odenwald, Dowd, Pelikan
344 S.W.3d 231; 2011 Mo. App. LEXIS 589; 2011 WL 1532017 (South Western Reporter, Third Series)

State v. Frisella

Opinion

ORDER

PER CURIAM.

Mark Frisella (“Defendant”) appeals from the judgment of the trial court upon his conviction by a jury of one count of forcible rape, Section 566.030, RSMo 1990 1 *232 , and two counts of attempted forcible sodomy, Section 566.060. Defendant argues the trial court erred in denying his motion for judgment of acquittal at the close of the evidence: (1) as to counts II, IV, and VI because the State failed to prove beyond a reasonable doubt that Defendant committed forcible rape and attempt to commit forcible sodomy in that the evidence was insufficient to show Victim suffered a serious physical injury; and (2) as to count VI because the State failed to prove beyond a reasonable doubt that Defendant committed the crime of attempted forcible sodomy in that the evidence was insufficient to show there was a “substantial step” taken toward the commission of forcible sodomy.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 30.25(b).

1

. All further statutory references are to RSMo 1990.

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