STATE v. GARCIA (2021)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Jesus GARCIA, Appellant.

WD 82914

Decided: March 23, 2021

Before Division One: Alok Ahuja, P.J., Thomas H. Newton, and Thomas N. Chapman, JJ.

Lisa Stroup, St. Louis, MO, Counsel for Appellant. Richard Starnes, Jefferson City, MO, Counsel for Respondent.

ORDER

Jesus Garcia appeals his convictions, following a jury trial, for statutory rape in the first degree, attempted statutory rape in the first degree, statutory sodomy in the first degree, and child molestation in the first degree. In three points on appeal, Garcia contends that the trial court abused its discretion in denying his motion for continuance, plainly erred in not granting a new trial after the jurors purportedly viewed him wearing a leg restraint, and abused its discretion in denying his request for mistrial when the victims’ mother testified about an inculpatory statement Garcia made to her because the State failed to disclose the statement before trial. Because a published opinion would have no precedential value, a memorandum explaining the reasons for this decision is provided to the parties. The convictions are affirmed. Rule 30.25(b).

Per Curiam:

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