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STATE v. SMOOT

No. ED 95499.

363 S.W.3d 108 (2011)

STATE of Missouri, Respondent, v. Kenneth SMOOT, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 23, 2012.

Application for Transfer Denied May 1, 2012.

Attorney(s) appearing for the Case

Gwend Reneé Robinson , St. Louis, MO, for appellant.

Chris Koster , Atty. Gen., John Winston Grantham , Jefferson City, MO, for respondent.

KENNETH M. ROMINES, J.

This case involves the admissibility of an audio recording.

Background and Procedural History

Kenneth Smoot (Appellant) was convicted of one count each of forcible rape and forcible sodomy and was sentenced to concurrent life terms without the possibility of parole as a persistent sexual offender. The convictions were the result of an attack Appellant perpetrated against L.L. (Victim). Appellant was 49 years old at the...

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