Sizemore now in prison awaiting appeal result

By Kyle Troutman [email protected]

A Cassville man found guilty of third-degree child molestation in bench trial in March and sentenced in May has had his appellate bond revoked and is now at the Department of Corrections awaiting his appeal result.

Anthony Sizemore, born 1988, of Cassville, was sentenced to 8 years in the Department of Corrections on May 15 by Judge Alan Blankenship in Stone County. Sizemore filed an appeal and was released on a $10,000 appeal bond with the conditions he may not have any contact with minors other than his biological children, and no contact with the victim.

On May 26, Christian Crum, the mother of the victim, submitted a request to revoke the bond, and the motion to revoke hearing was held on June 5.

Amy Boxx, Barry County prosecuting attorney, said at sentencing, Blankenship allowed Sizemore the appeal bond over her objection.

“Because of the nature of the offense and the age of the victim at the time of the offense, Mr. Sizemore was not entitled to an appeal bond,” Boxx said. “We filed a motion to revoke his bond, citing the applicable statutes and caselaw, and noticed that up for hearing on Judge  Blankenship’s next court date in Barry County. Upon review of that motion and argument, the court revoked the bond that should not have been given.”

Sizemore has since been transported to the Department of Corrections while his appeal is pending. Sizemore has ordered a transcript from the trial.

In the letter, Crum wrote to Boxx as the concerned mother of Faith James, the victim in the case.

“I respectfully request that your office move to revoke or set aside this appeal bond because it appears to violate section 544.671 RSMo.,” Crum said in the letter. “That statute provides, in relevant part, that, “Notwithstanding any supreme court rule or judicial ruling to the contrary, no defendant who has pled guilty to or been

found guilty of any felony sexual offense under chapter 566, where the victim was less than 17

years of age at the time the crime was committed…shall be entitled to bail pending appeal after June

29, 1994.”

Crum noted Sizemore’s conviction falls under Chapter 556, and James was under the age of 14 at the time.

“These facts appear to fit squarely within section 544.671’s “no bail pending appeal” category, and the language of that statute (“notwithstanding any supreme court rule or judicial ruling to the contrary”) suggests the court has no discretion to grant an appeal bond in these circumstances,” Crum said. “For the safety of the community and in order to conform to Missouri law, I ask that your office: Review the sentencing and bond orders in 24BR-CR00578-01; file an appropriate motion in the trial court and/or take any necessary action in the Court of Appeals

to revoke the appeal bond and remand Mr. Sizemore to the custody of the Department of Corrections; and Inform the victim and family of any upcoming hearings or decisions related to this bond, consistent with their rights under section 595.209 RSMo.

“Thank you for your attention to this serious matter and for your work on behalf of victims and public safety in Barry County. Please let me know if there is any additional information I can provide.”

Sizemore’s appeal case is in the Missouri Southern District Court of Appeal, and he is being represented by Attorney Jonathan Sternberg, who has filed an entry of appearance. A hearing date has yet to be set in the case.