State v. Lesieur
2012 Mo. App. LEXIS 250
| Mo. Ct. App. | 2012Background
- LeSieur was convicted in Boone County Circuit Court of two counts of second-degree statutory rape, sentenced to seven years on each count, to be served consecutively.
- On appeal, LeSieur contends the verdict directors violated his right to a unanimous jury verdict by not requiring agreement on a specific act within each count.
- Two counts involved a single female victim with four acts spanning May 1, 2007 to August 31, 2008; acts occurred at two locations: 415 Carver and 715 Gaylord, Fulton, Missouri.
- The victim, aged 15 during summer 2007, testified to multiple acts across both locations; some acts were said to involve the daughter’s presence as a lookout or facilitator.
- Jury found LeSieur guilty on both counts; sentencing was waived for jury, with consecutive seven-year terms and related sentences for other convictions.
- The court affirmed the convictions, applying plain-error review and concluding no manifest injustice from the verdict-director error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether verdict directors violated unanimity requirements | LeSieur | LeSieur | No manifest injustice; affirm |
Key Cases Cited
- State v. Celis-Garcia, 344 S.W.3d 150 (Mo. banc 2011) (unanimity in 'multiple acts' cases; elect specific act or distinguish acts in verdict)
- State v. Staples, 908 S.W.2d 189 (Mo.App. E.D.1995) (unitary defense may bar manifest injustice from non-distinguishing verdicts)
- State v. Cody, 801 S.W.2d 430 (Mo.App. E.D.1990) (unitary defense rule in verdict guidance context)
- State v. Rudd, 759 S.W.2d 625 (Mo.App. S.D.1988) (defense strategy impact on unanimity considerations)
- State v. Baker, 103 S.W.3d 711 (Mo. banc 2003) (double jeopardy considerations in ambiguous verdict contexts)