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STATE v. JOHNSON

No. 27168.

201 S.W.3d 551 (2006)

STATE of Missouri, Plaintiff-Respondent, v. Ernest Richard JOHNSON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

September 13, 2006.

Attorney(s) appearing for the Case

Margaret M. Johnston, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jayne T. Woods, Assistant Attorney General, Jefferson City, for respondent.

PHILLIP R. GARRISON, Judge.

Ernest Richard Johnson ("Defendant") was convicted by a jury of forcible sodomy, a violation of Section 566.060.1 The trial court followed the jury's recommendation and sentenced Defendant to a term of five years imprisonment. On appeal, Defendant contends that the trial court erred in allowing into evidence a condom found in Defendant's closet. We affirm.

Defendant does not contest the sufficiency of...

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