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STATE v. SEXTON

No. WD 49298.

890 S.W.2d 389 (1995)

STATE of Missouri, Respondent, v. John D. SEXTON, Appellant.

Missouri Court of Appeals, Western District.

January 10, 1995.

Attorney(s) appearing for the Case

J.D. Williamson, Jr., Independence, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Traci J. Sanders, Asst. Atty. Gen., Jefferson City, for respondent.

Before FENNER, C.J., HANNA and LAURA DENVIR STITH, JJ.

STITH, Judge.

This case involves the admission of testimony of uncharged sexual misconduct in the 1994 trial of John D. Sexton on one count of rape and five counts of sodomy. Mr. Sexton was found guilty by the jury and sentenced to consecutive prison terms totalling forty years. The State admits that the admission of evidence of prior sexual misconduct to show the defendant's propensity to commit the crime constituted error under State v. Bernard,

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