Criminal Law: Statutory Sodomy-Bolstering of Victim’s Credibility

Defendant appealed his conviction for statutory sodomy and furnishing pornographic materials to his girlfriend’s minor daughter. Defendant argued that the trial court failed to sua sponte exclude a forensic interviewer’s testimony claiming that the victim’s allegations seemed “more truthful,” and erred in entering a written judgment inconsistent with the oral pronouncement at sentencing.

Where the interviewer did not expressly testify that she believed the victim was telling the truth, there was no improper bolstering of the victim’s credibility, but the court remanded to correct the written judgment to conform with the oral sentence.

Judgment is remanded.

State v. Young (MLW No. 79581/Case No. SD37547 – 5 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Camden County, Hayden, J.