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State v. Ortega

Missouri Court of Appeals, Western District.
Jul 30, 2019
578 S.W.3d 862 (Mo. Ct. App. 2019)

Opinion

WD 81859

07-30-2019

STATE of Missouri, Respondent, v. Richard Leonard ORTEGA, Appellant.

Gregory L. Barnes, Jefferson City, for Respondent. Christian Lehmberg, for Appellant.


Gregory L. Barnes, Jefferson City, for Respondent.

Christian Lehmberg, for Appellant.

Before Division Three: Gary D. Witt, Presiding Judge, Edward R. Ardini, Jr., Judge and Thomas N. Chapman, Judge

ORDER

PER CURIAM:

Richard Ortega was charged in the Circuit Court of Boone County with the class B felony of possessing more than twenty images of child pornography. The State listed in the charging document twenty-five of 126 total images consisting of child pornography that had been attached to a draft email discovered in Ortega’s email account. Before trial, Ortega filed a motion to redact reference to any images not specifically listed in the charging document from the video of his interview with law enforcement. The trial court overruled his motion. At trial, Ortega made no objection to the admission of the unredacted video, the admission of the draft email and the 126 attachments, or to references to the 126 images during the testimony of the investigating officer. A jury found Ortega guilty and the trial court sentenced him to ten years' imprisonment in the Department of Corrections. Ortega appeals, alleging that the trial court plainly erred by allowing the jury to hear reference to the existence of all 126 images. We affirm. Because a published opinion would have no precedential value, we have provided the parties an unpublished memorandum setting forth the reasons for the order. Rule 30.25(b).


Summaries of

State v. Ortega

Missouri Court of Appeals, Western District.
Jul 30, 2019
578 S.W.3d 862 (Mo. Ct. App. 2019)
Case details for

State v. Ortega

Case Details

Full title:STATE of Missouri, Respondent, v. Richard Leonard ORTEGA, Appellant.

Court:Missouri Court of Appeals, Western District.

Date published: Jul 30, 2019

Citations

578 S.W.3d 862 (Mo. Ct. App. 2019)