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STATE v. HOWTON

Nos. WD 47276, WD 48707.

890 S.W.2d 740 (1995)

STATE of Missouri, Respondent, v. Donald HOWTON, Appellant. Donald Gene HOWTON, Jr., Respondent, v. STATE of Missouri, Appellant.

Missouri Court of Appeals, Western District.

January 17, 1995.

Attorney(s) appearing for the Case

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary Moulton Bryan, Asst. Atty. Gen., Jefferson City, for respondent.

Before KENNEDY, P.J., and BRECKENRIDGE and SPINDEN, JJ.

BRECKENRIDGE, Judge.

Donald Gene Howton, Jr. appeals from his conviction of sodomy, § 566.060.3, RSMo Cum.Supp.1991, for which he was sentenced to five years' imprisonment. Mr. Howton raises two points on appeal, arguing (1) that the lower court abused its discretion in consolidating for trial Count I with Counts II and III,1 because evidence from the sodomy in Count I would not have been admissible in a separate trial of the sodomy...

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