State v. Gibson

*95DIXON, Judge.

Defendant appeals a sodomy conviction and a jury-imposed sentence of five years. The offense was charged and conviction had under § 566.060.1(2).1

The conviction must be reversed and remanded for error in the admission into evidence of the oral confession of the defendant after defendant had requested counsel. Two other issues raised by the defendant will likely recur on retrial: first, the competency of the victim witness; and, second, the defendant’s claim that the trial court should have instructed the jury as to the lesser included offense of sexual misconduct. § 566.090.1(2).

T…