State Missouri v. Danny Doolen

Douglas W. Greene, Judge Danny Doolen was charged with and jury-convicted of the crime of sexual abuse in the first degree, § 566.100.1(2), 1 and was court-sentenced as a prior offender to three years' imprisonment as punishment. On appeal, Doolen contends the trial court erred in denying his motion for judgment of acquittal filed at the close of all of the evidence, and in submitting instruction No. 5 (verdict director) because ""there existed a material variance between the charge as specified in the bill of particulars and the proof adduced at trial, in that the bill of particulars alleged that appellant had subjected the victim to sexual contact by touching his genitals, but the evidence at trial established that appellant had caused the touching of his g******s to the victim, and instruction number 5 was premised upon a finding that appellant had caused the touching of his genitals to the victim.""