Criminal Law: Jury Trial Waiver-First-Degree Rape-Sufficiency Of Evidence

Where defendant challenged a conviction for first-degree rape, the trial court did not plainly err in accepting the defendant’s jury trial waiver because the defendant was fully informed of his rights and his waiver was knowing, voluntary and intelligent, and the conviction for first-degree rape is affirmed because there was sufficient evidence of penetration.

Judgment is affirmed.

State v. Emmanuel (MLW No. 79916/Case No. WD85165 – 12 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Phillips, J. (Andrew Bailey and Daniel N. McPherson, Jefferson City, for respondent) (JoEllen Grohs, Kansas City, MO for appellant).