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STATE v. HOUSTON

No. WD 61827.

139 S.W.3d 223 (2004)

STATE of Missouri, Respondent, v. Jerry W. HOUSTON, Appellant.

Missouri Court of Appeals, Western District.

July 27, 2004.

Attorney(s) appearing for the Case

Rosalynn Koch, Asst. Public Defender, Columbia, MO, Elizabeth Unger Carlyle, Lee's Summit, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen L. Kramer, Asst. Atty. Gen., Jefferson City, MO, for Respondent.

Before LOWENSTEIN, P.J., EDWIN H. SMITH and HOWARD, JJ.

EDWIN H. SMITH, Chief Judge.

Jerry Houston appeals the judgment of his conviction, after a jury trial in the Circuit Court of Cole County, of statutory sodomy in the first degree, § 566.062.1 He was sentenced, as a prior offender, § 558.016, to thirty years in the Missouri Department of Corrections.

The appellant raises two points on appeal. In point I, he claims that the trial court plainly erred "in injecting itself...

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