Criminal Law: Child Molestation-Multiple Acts Instructions

Staff Report//February 18, 2020//

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Defendant appealed his conviction for first-degree child molestation. On appeal, defendant argued that the trial court erroneously rejected his double-jeopardy argument, erred in instructing the jury in that evidence was adduced of multiple acts that could each individually support defendant’s conviction and failed to ensure jury unanimity, and abused its discretion in admitting evidence of text messages that were not properly authenticated.

Where defense counsel made a strategic decision in adducing evidence of “several acts” of molestation that could individually serve as the basis of a conviction to show that the victim was not credible, the trial court did not err in instructing the jury.

Judgment is affirmed.

State v. Davidson (MLW No. 74502/Case No. SD35760 – 10 pages) (Missouri Court of Appeals, Southern District, Francis, J.) Appealed from Circuit court, McDonald County, LePage, J.(Katherine Patricia Curry, Columbia, for appellant) (Evan Joseph Buchheim, Jefferson City, for respondent)

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