STATE v. SMITH

No. WD 71277.

353 S.W.3d 100 (2011)

STATE of Missouri, Respondent, v. Robert E. SMITH, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 1, 2011.

Application for Transfer Denied December 20, 2011.


Attorney(s) appearing for the Case

Frederick J. Ernst , Kansas City, MO, for appellant.

Timothy A. Blackwell , Jefferson City, MO, for respondent.

Before DIVISION FOUR: LISA WHITE HARDWICK, Chief Judge, Presiding, KAREN KING MITCHELL, Judge and DONALD NORRIS, Special Judge.


LISA WHITE HARDWICK, Chief Judge.

Robert Smith appeals his conviction by jury on five counts of first-degree statutory sodomy. Smith contends the circuit court erred in admitting evidence of his alcohol use and instructing the jury on voluntary intoxication. Smith also contends the evidence was insufficient to support his conviction on the statutory sodomy charges in Count I and Count IV. For reasons explained herein, we affirm in part and reverse in part.

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