State v. Howton

BRECKENRIDGE, Judge.

Donald Gene Howton, Jr. appeals from his conviction of sodomy, § 566.060.3, RSMo Cum.Supp.1991, for which he was sentenced to five years’ imprisonment. Mr. Howton raises two points on appeal, arguing (1) that the lower court abused its discretion in consolidating for trial Count I with Counts II and III, 1 because evidence from the sodomy in Count I would not have been admissible in a separate trial of the sodomy in Count II; and (2) that the trial court plainly erred in allowing a witness to testify as to statements made by the allegedly abused child without first holding…