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STATE v. BROWN

No. WD 60799.

97 S.W.3d 97 (2002)

STATE of Missouri, Respondent, v. David P. BROWN, Appellant.

Missouri Court of Appeals, Western District, Division One.

Motion for Rehearing and/or Transfer Denied January 28, 2003.

Application for Transfer Denied March 4, 2003.

Attorney(s) appearing for the Case

Craig A. Johnston, Assistant State Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Nicole E. Gorovsky, Asst. Atty. Gen., Jefferson City, for Respondent.

Before ROBERT G. ULRICH, P.J., HAROLD L. LOWENSTEIN and RONALD R. HOLLIGER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 28, 2003.

ROBERT G. ULRICH, Judge.

Factual and Procedural Background

David P. Brown ("Mr. Brown") appeals his conviction following jury trial for statutory sodomy in the first degree, section 566.062, RSMo 2000, and sentence of forty-five years imprisonment. As his sole point on appeal, Mr. Brown contends that the trial court plainly erred in sentencing him as a persistent sexual...

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